Resumo

CORREIA, Fernando Alves. Text and Framework of the Portuguese Constitution of 1976. e-Pública [online]. 2016, vol.3, n.3, pp.01-40. ISSN 2183-184X.

The present study seeks to demonstrate that the interpretation and application of the current text of the Portuguese Constitution cannot undervalue two important phenomena, which establish its present context or framework, such as the decisive influence of european constitutional law and judicial review, in particular the decisions of the Portuguese Constitutional Court, in dialogue with the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The most appropriate way of honouring the 1976 Constitution, celebrating its mature forty years and vowing a long life as a life-giving and regulating source of our democratic regime, is to "read" its "text" considering the significance of historical changes, which is perceived by its current "framework", constituted above all by European Union law and judicial review. Only then can the Portuguese Constitution of 1976 be a Constitution of our age and for our time.

Palavras-chave : Text and Framework of the Constitution; european constitutional law; constitutional justice; interpretation of the Constitution; revision of the Constitution.

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