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Constitutional law in Portugal / Jorge Bacelar Gouveia.
Gouveia, Jorge Bacelar, author.
2015
KKQ2070 .G68 2015 (Map It)
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Access NoteThe Law Library in Jerome Greene Hall is currently closed for renovation. Please log in to request pickup from the temporary circulation desk in William and June Warren Hall.
Author
Gouveia, Jorge Bacelar, author.
Title
Constitutional law in Portugal / Jorge Bacelar Gouveia.
Uniform Title
International encyclopaedia of laws. Constitutional law.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2015]
Call Number
KKQ2070 .G68 2015
Former Call Number
Por 910 G745 2015
Edition
Second edition.
ISBN
9789041158819 (paperback)
9041158812 (paperback)
Description
256 pages : maps ; 24 cm
System Control No.
(OCoLC)907557043
Summary
Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this very useful analysis of constitutional law in Portugal provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.-- Provided by publisher.
Note
"This book was originally published as a monograph in the International encyclopaedia of laws/Constitutional law."
Bibliography, etc. Note
Includes bibliographical references (page 27) and index.
Record Appears in
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Author
3
Preface
11
List Of Abbreviations
13
General Introduction
15
1.
Birth And Evolution Of Portugal
15
2.
Portuguese Citizenship
17
3.
Portuguese Sovereignty
18
4.
Portuguese Territory
19
5.
Shaping And Evolution Of The Portuguese Constitution
20
6.
Republican, Democratic And Semi-Presidential Political System
23
7.
Unitarian Structure Of The Portuguese State And Minor Political Entities
24
Selected Bibliography
27
Part I. Sources Of Portuguese Law
29
ch. 1
Constitution As The Main Source Of Portuguese Constitutional Law
29
1.
General Meaning Of Constitution
29
2.
Constitution As Law Of The State
30
3.
Constitution As The Supreme Act Of Public Law
31
4.
Constitution As The Core Of The Positive Legal Order
32
5.
Constitution As Legal Code
33
ch. 2
Constituent Power And Constitutional Reform
36
1.
Constituent Power And The Birth Of The Constitution
36
2.
Characteristic Features Of Constituent Power
37
3.
Particular Manifestations Of The Constituent Power
38
4.
Constitutional Reform
39
5.
Entrenched Matters And Constitutional Reform
41
6.
Hyper-Rigidity Of The Portuguese Constitution
44
ch. 3
Secondary Sources Of Portuguese Constitutional Law
45
1.
Diminished Relevance Of Constitutional Custom
45
2.
Practical Limitation Of Constitutional Jurisprudence
47
3.
Exclusion Of Other Sources Of Constitutional Law
49
ch. 4
Non-Constitutional Sources Of Portuguese Law
52
1.
General Framework Of The Public Law Functions And Acts And Their Hierarchy
52
2.
International Function And International Conventions
53
3.
Legislative Function And Legislative Acts
55
4.
Political Function And Political Acts
55
5.
Administrative Function And Administrative Acts
56
6.
Judicial Function And Judicial Acts
57
ch. 5
Legislative Function, Legislative Acts And In Particular Legislative Procedure
58
1.
Definition Of The Legislative Function
58
2.
Reserved Matters And Law-Making Competence
58
3.
Types Of Legislative Acts
61
4.
Organic Laws In Particular
62
5.
Law-Making Process
64
Part II. The Portuguese Political System
67
ch. 1
Portuguese Democracy
67
1.
Portugal As A Democratic State
67
2.
Representative Democracy And Elections
69
3.
Fundamental Features Of Portuguese Electoral Law
71
4.
Semi-Direct Democracy And The Referendum
74
5.
Fundamental Elements Of The Portuguese Law On Referendums
76
6.
Participative Democracy And Political Parties
80
7.
New Political Parties Law In Portugal
83
ch. 2
Portuguese Organs Of Government
89
1.
President Of The Republic
89
2.
Assembly Of The Republic
92
3.
Government
95
4.
Courts Of Law
99
5.
Constitutional Court
102
6.
Other Organs Of Government
103
Part III. The Portuguese State And Its Internal Organization
107
ch. 1
Fundamental Options In The Form Of The Portuguese State
107
1.
Portugal As A Unitary State
107
2.
Portugal As A Decentralized, Regionalized, Communitarian And Lusophone State
108
ch. 2
Political And Administrative Organization Of The Archipelagos Of The Azores And Madeira
110
1.
Establishment Of The Autonomous Regions Of The Azores And Of Madeira
110
2.
Regional Organs
112
3.
Regional Powers
114
ch. 3
Sub-State Administrative Organization
116
1.
Administrative Decentralization And The Administrative Function
116
2.
Entities Of Portuguese Public Administration
116
3.
Definition And Status Of Local Authorities
117
4.
Types Of Local Authorities
120
5.
Structure Of Local Authorities
121
Part IV. The Rights Of The Citizens And The Safeguard Of The Portuguese Constitution
123
ch. 1
Fundamental Rights
123
1.
Relevance Of Fundamental Rights In Portuguese Constitutional Law
123
2.
Fundamental Rights In The Portuguese Constitution Of 1976
124
3.
General System Of Fundamental Rights
125
4.
Rights And Freedoms
126
5.
Economic, Social And Cultural Rights
128
ch. 2
Guarantee Of The Constitution And The Judicial Review Of Constitutionality
129
1.
Guarantee Of The Constitution
129
2.
Constitutional Justice And Judicial Review Of Constitutionality
129
Part V. Specific Issues Of Portuguese Constitutional Law
131
ch. 1
Constitutional Exception And Suspension Of Fundamental Rights
131
1.
State Of Siege And State Of Emergency; State Of War
131
2.
Fundamental Aspects Of The Regime Governing The State Of Exception
133
ch. 2
State And Religion
136
1.
Importance Of Religion To Man And Society
136
2.
Evolution Of Relations Between The State And Religion
136
3.
Predominance Of The Model Of Republican Secularism
138
4.
Evolution Of The Relationship Between Portuguese Constitutionalism And Religion
139
5.
Present Constitutional And Legal System Of Cooperative Separation Between State And Religion
140
Index
143

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