Political Science and Constitutional Law I

Presentation

The constitutional law deals with the study of the principles and rules that govern the organization and functioning of the state and the limits to the political action and actions of citizens imposed by the fundamental rights enshrined in the Constitution of a State. This supreme law, the foundation of all normative acts, is the main object of constitutional law and therefore, this discipline is the basis of any legal course. The political science focuses on the study of political thinking and politics, namely the actions of political power, political parties, the electoral system and the forms and systems of government. Thus, it is a complementary discipline to constitutional law for a deeper understanding of the contemporary state and its evolution. Thus, this course aims to prepare the way to professional and scientific specialization of students on the subjects listed in the syllabus of this course unit.

Programme

Law

Level of Qualification|Semesters|ECTS

| Semestral | 7

Year | Type of course unit | Language

1 |Mandatory |Português

Code

ULP288-1215

Recommended complementary curricular units

Ciência Política e Direito Constitucional II

Professional Internship

Não

Syllabus

EPISTEMOLOGICAL INTRODUCTION TO CONSTITUTIONAL LAW

Constitutional Law Concept

Characteristics of Constitutional Law

Constitutional Law and related disciplines

STATE AND CONSTITUTIONAL LAW

The contemporary concept of state

The elements of the concept of state Human element: the people Functional element: sovereignty Spatial element: the territory

The rule of law

State forms and systems of government

CONSTITUTIONAL LAW METHODOLOGY

The sources of constitutional law

The Constitution as a source of Constitutional Law

HISTORIC-COMPARATIVE PERSPECTIVE OF CONSTITUTIONAL LAW

Portuguese Constitutional History Foreign constitutional experiences

ORGANIZATIONAL STRUCTURE OF THE STATE (Part I)

The Functions of Sovereignty

General Principles

Sovereignty bodies and their competencies

Objectives

Pave the way for professional, academic and research expertise for students in Political Science and Constitutional law. Endow students with the skills of understanding the themes of the syllabus, through preparation for the application of acquired knowledge to legal practice, and provide them with consistent training, raising their critical thinking and analysis in this area of law. Students will be able to analyze the Portuguese Constitution, to understand the organization of political power, to establish a comparative analysis of the different forms of state and systems of government, to know the Portuguese constitutional history and the constitutional experiences of other countries, namely Brazil, Angola, France, Italy, Spain, the United States and Great Britain as well as to understand and apply the principles of the rule of law and of the democratic State to concrete cases.

Teaching methodologies and assessment

Theoretical and practical presentation of the program content in interaction with students, complemented by the resolution of practical cases in order to deepen their knowledge and to develop their capabilities for criticism, analysis and synthesis. The assessment of students : Continuous Assessment  Continuous Assessment: 1º Written test (50%); 2º Written test (50%) Period of appeal: written exam, 2h00, 100%. Obligatory oral test required for an average of 8 and 9 values.

References

BACELAR GOUVEIA, Jorge - Manual de Direito Constitucional, 2019. vol. I, 6.ª ed.(reimp.), Coimbra: Almedina. ISBN: 9789724067957

CARVALHO ABREU, Lígia - Formas de Estado e de Governo - Do Estado Antigo ao Estado Pós-Social. Policop., 2018.

CARVALHO ABREU, Lígia - As Constituições Portuguesas. Policop., 2018.

GRAMAXO ROZEIRA, Gustavo - Direito Constitucional (Sumários Desenvolvidos). Policop., 2019.

GOMES CANOTILHO, J.J. - Direito Constitucional e Teoria da Constituição. 7.ª ed.(reimp.), Coimbra: Almedina. ISBN: 9789724021065

MIRANDA, Jorge - Curso de Direito Constitucional. vol. I, Lisboa: UC Editora, 2016. ISBN: 9789725405123; vol. II, Lisboa: UC Editora, 2016. ISBN: 9789725405208

OTERO, Paulo - Direito Constitucional Português. vol. II, Coimbra: Almedina, 2017. ISBN: 9789724041858

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