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Constitutional Jurisprudence / Jurisprudence constitutionnelle 2008 Portugal

2009 / Vol. 21, No. 3, (73)
Digital Edition


Constitutional / Constitutionnelle


Francisco Paes Marques

Assistant Professor at the Law School - University of Lisbon


This chronicle examines the jurisprudence of the Portuguese Constitutional Court in 2008. We intend to analyse if, during this year, the jurisprudence of the Portu­guese Constitutional Court followed the same guidelines of the past or if it changed some of its orientations. We conclude that the Constitutional Court intro­duced some new orientations but without causing serious breaks with the past. In new matters or issues that still raise considerable doubts, the Court, with a renewed composition, intended to assert its own views. However, in general, the Court de­cided to maintain its well-established case law. Between these two poles, subsists a point of tension related to the object of the control of the constitutionality (court’s decisions or legal provisions). 

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