Chapter

Portugal

Francisco Ferreira de Almeida

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0020
Portugal

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An attitude of great receptiveness to international law is apparent in Article 7 of the Constitution of the Republic of Portugal of 1976 (CRP), which sets out the fundamental principles by which Portugal governs its international relations. With the very authority of the Fundamental Law itself, the principles of general or ordinary international law are reaffirmed therein, which would always bind the Portuguese state even in the absence of any express reference thereto in the constitutional text. Legal experts, almost unanimously, ascribe a supra-legal value to general or ordinary international law. But opinions are divided regarding international law's hierarchical position in relation to the CRP. For some, international law must yield to the Fundamental Law, while for others, general or ordinary international law has a supra-constitutional value.

Keywords: Portuguese law; customary international law; constitutional law; constitution; Fundamental Law

Chapter.  8651 words. 

Subjects: Public International Law

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