Chapter 5: The State & the Portuguese Constitution Flashcards
difference b/w nation-state & state-apparatus
Nation-State: formed by the people, the territory and the political power
State-Apparatus: set of organs which hold power within each state
examples of state apparatus
Presidency of the Republic
Parliament
Government
Court
describe the nation state in portugal
people = citizens connected to the Sate though nationality (4 CRP)
territory = article 5 CRP
political power = 10 CRP
unitary states
state governed as a single entity in which the central government is ultimately supreme
types of unitary states
centralized states
decentralized states
state with devolution
federal states
portugal as a unitary state
decentralized State, with devolution and partially regionalized (art.6 of the CRP)
purpose of state
its fundamental tasks are in Art 9 CRP
justice - art.9 d CRP
safety - (fundamental rights) 9 b & c CRP and (national independece) 9 a CRP
economic, social and cultural welfare - 9 d CRP.
traditional functions of the State
legislative function = embodied in adoption of legislative acts (112 1 CRP)
judicial function = practice is reflected in judgement & rulings in Courts (209 CRP). Constitutional Court = 221
political function = activity of the State, that encompasses the acts of
governing institutions, relating to the country’s general policy
administrative function = execution of laws and satisfaction of collective needs
Portuguese constitution
semi-rigid = can be reviewed regarding limits in CRP
limits in CRP
formal limits = AR can pass amendments to Constitution 161 a) CRP
time limitations = ordinary revision or extraordinary revision (284 CRP)
circumstantial limits = eg. state of emergency (289 CRP)
material limits = great principles of Constitution cannot be revised (288 CRP)
