The Curricular Unit of Political Science and Constitutional Law II is a discipline of general training of the law course that seeks to deepen and develop the study of Constitutional Law carried out in the first semester. Thus, we will continue to develop the study of the organs of sovereignty, analyzing the formation, composition and competences of the Assembly of the Republic, the Government and the Courts. We will then study the Autonomous Regions and their juridic-constitutional regime. We will also review the main principles and constitutional bodies relating to local government and public administration. Finally, we will try to deepen constitutional guarantees, with a special focus on the supervision of constitutionality, its modalities, legal regimes and effects, as well as on constitutional revision.
Semestral
Organs of Sovereignty – the Assembly of the Republic: composition, functions, statute, incompatibilities, and replacement of members and, in particular, the relative and absolute competence of the Assembly of the Republic. Parliamentary assessment;
Hierarchy of laws and normative acts – Article 112 and laws of enhanced value in particular;
The Government - functions, composition and competences;
The Courts - function, organisation and status of judges;
The Autonomous Regions - notion, political status, powers, organs and competences. the representative of the republic in particular;
Local government and public administration - principles and principles.
The Constitutional Guarantee - the review of constitutionality;
The Constitutional Review.
Analyze and develop the organization of political power Portuguese through the study of the juridic-constitutional regime of the organs of sovereignty, relating them and integrating them based on the theoretical structure taught in the curricular unit of Political Science and Constitutional Law I, namely through the application of the principle of separation and interdependence of powers. To analyze the legal regime of the Autonomous Regions, local government and public administration, relating and densifying the concepts of unitary State and the decentralization of public administration seized in the first half of the year. Finally, develop and deepen the study of constitutional guarantees, comprising the legal regime and the effects of the review of constitutionality, as well as the main features of the constitutional revision regime.
Mandatory
The teaching of the Constitutional Law Curricular Unit comprises the teacher's lectures on
the themes that make up the program in its theoretical component, namely, the analysis of
Constitution, other normative texts, jurisprudence and other documents, with the aim of
stimulate the respective handling, but also, in its practical component, such as resolving
practical cases
Português
Não
Gouveia, Jorge Bacelar, Manual de Direito Constitucional, vol. II, 7ª edição, Almedina, 2021;
Miranda, Jorge, Curso de Direito Constitucional, vol. II, 2ª edição, UCP Editora, 2020;
CANOTILHO, J. J. GOMES, Direito Constitucional e Teoria da Constituição, Coimbra, Livraria Almedina, 2019;
OTERO, PAULO, Direito Constitucional Português, vol. II, Coimbra, Livraria Almedina, 2019
