Ensaio sobre a inconstitucionalidade das leis no direito português

This scholarly essay opens with a clear statement that the question of a law’s incompatibility with the Constitution is a central concern of contemporary public law. The author frames the study as an exploratory “essay,” aiming to trace the evolution of the concept of fundamental law in Portugal, from the early monarchy through the Restoration and up to the modern constitutional regime. By examining the historic role of royal authority, the courts of the Cortes, and early legislative practices, the work shows how ideas about supreme law pre‑date formal constitutionalism.

The first chapter offers a concise narrative of how “laws of the kingdom” functioned before any written constitution existed, highlighting the interplay between princely power and advisory bodies. Throughout, the author connects these historical patterns to today’s debates on judicial review, suggesting that understanding this legacy can help shape a more balanced relationship between Parliament and the Constitution. Listeners will gain a nuanced perspective on the roots of Portuguese constitutional doctrine and its ongoing relevance.