Constitutional Court of Portugal
3 The Constitutional Court The Constitutional Court was created as part of the first revision of the Constitution, in 1982, in which it was entrusted with the tasks of guaranteeing and defending the “Fundamental Law”. The nature of the functions the Court is called on to exercise makes it a keystone of the construction that is the Democratic State based on the Rule of Law, as configured by the Constitution. Its primary task is to review the constitutionality of legal norms – i.e. to control whether other norms (e.g. those contained in laws, executive laws, regional legislative decrees and so on) are in conformity with the principles and rules laid down in the Constitution. This is where we most often find the Court playing the part of “guardian” or ultimate guarantor of the Constitution. The Court also exercises other competences, namely with regard to the President of the Republic, political parties, electoral matters and referenda. The seat of the Constitutional Court is in Lisbon, at Ratton Palace in the Bairro Alto quarter. Construction of the palace was commissioned in the first half of the 19 th century by its first owner, Diogo Ratton, son of the French industrialist Jacques Ratton, in a neoclassical style with French influences. The Portuguese State acquired it in 1982, specifically with a view to adapting it to become the home of the Constitutional Court. For a virtual visit of the building on the Court’s website, go to: The Constitutional Court is an autonomous entity; its Justices are independent (including in relation to the organ that appoints them) and enjoy security of tenure; and its decisions are binding on any other authority. The Constitutional Court is not incorporated into the organisational structure of the other courts and possesses a variety of specific features, especially with regard to its competences, composition and modus operandi . For more on the constitutional review function > p. 12 For more on these competences > p. 19 www.tribunalconstitucional.pt/visitaen.html CONSTITUTIONAL COURT OF PORTUGAL
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