Portugal

Richard Albert, David Landau, Pietro Faraguna & Simon Drugda (Ed.), 2018 Global Review of Constitutional Law, I.CONnect and the Clough Center for the Study of Constitutional Democracy at Boston College, 2019, pp. 243-247.

5 Pages Posted: 14 Nov 2019

See all articles by Catarina Santos Botelho

Catarina Santos Botelho

Porto Faculty of Law, Universidade Católica Portuguesa

Date Written: 2019

Abstract

2018 was a significant year, as the Portuguese Constitutional Court repositioned itself as a non-deferent Court and as a faithful guardian of constitutional fundamental rights and liberties. As Jorge Pereira da Silva provocatively stated, “the Portuguese Constitutional Court is back!”. After years of what some labelled as the “judicial activism” of the jurisprudence of crisis – during and after the 2011-2014 bailout – that, for better or for worse, hit the news and the scholarship internationally, the PCC seemed more silent and cautious towards the legislator. With Ruling no. 225/2018, the Court declares that the legislative power can change the legal framework of assisted reproductive techniques if protection to the most vulnerable parties to a contract of gestation by substitution – the children and the surrogate mother – is granted.

We can truly state that 2018 was year of family rights, since many rulings consisted in major constitutional developments regarding the subjects of family life, development of one’s personality, right to personal identity and human dignity.

It was foreseeable that 2018 would be the year of a much-awaited electoral system reform, that would create more favourable conditions for a closer relationship between voters and their representatives within the constituencies. Yet, the recent rejection of a popular initiative to reform the Portuguese electoral system shows that the main political parties are still strongly divided over the right path towards achieving that goal.

Keywords: Portuguese constitutional court; constitutional rights enforcement

Suggested Citation

Santos Botelho, Catarina, Portugal (2019). Richard Albert, David Landau, Pietro Faraguna & Simon Drugda (Ed.), 2018 Global Review of Constitutional Law, I.CONnect and the Clough Center for the Study of Constitutional Democracy at Boston College, 2019, pp. 243-247. , Available at SSRN: https://ssrn.com/abstract=3481408

Catarina Santos Botelho (Contact Author)

Porto Faculty of Law, Universidade Católica Portuguesa ( email )

Rua Diogo Botelho, 1327
Porto, 4169-05
Portugal

HOME PAGE: http://catarinasantosbotelho.com

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