The concept of “norm” for constitutional review purposes
Separation of powers
Committee of inquiry
Formal concept of norm
Functional concept of norm
RULING Nº 195/94
1 of March of 1994
Resolutions of the Assembly of the Republic are the main form of political measure taken by this sovereign body.
The concept of «rule», however, in terms of monitoring constitutionality, includes not only general and abstract provisions but also any measure taken by public authorities which provides for a rule of conduct for individuals or governments, a criterion for decisions by governments, a criterion for decisions by governments or judges or, in general, a model for the value of types of behaviour. This functional and formal concept of rules includes all provisions contained in legal texts, even in the case of individual and concrete types of provision, even if an administrative measure is incorporated - but not administrative measures stricto sensu (that is, those not incorporated in legal texts), judicial decisions and political or governmental measures.
Under Portuguese law, parliamentary enquiries are not a judicial function - all they do is to entitle the Assembly, by means of the information they provide, to take (legislative or other) measures; they are therefore an important instrument for the political supervision exercised by the Assembly, especially in connection with the assessment of governmental and administrative measures.