Concrete control of constitutionality in Portugal: a means towards effective protection on fundamental rights

António Cortês, Teresa Violante

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Abstract

In Portugal, concrete control of constitutionality, approximately equivalent to the United States concept of judicial review, is one of the basic mechanisms available to individuals for the protection of their fundamental rights. It is exercised by all Courts since they all have a duty not to apply legal provisions which are in breach of the Constitution.' The Constitutional Court is the final instance of concrete constitutional control. The control of constitutionality by the Constitutional Court in judicial cases takes place in a proceeding designated "constitutionality appeal." It is not a procedural incident and, accordingly, there is no staying of proceedings; it is a proper appeal and, as such, presupposes a previous judicial decision on the subject.
Original languageEnglish
Article number3
Pages (from-to)759-776
Number of pages18
JournalPenn State International Law Review
Volume29
Issue number4
Publication statusPublished - 1 Dec 2011

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