Commentary on Ruling No. 480/89: lifting the veil on unconstitutional constitutional norms?

Abstract

Unconstitutional constitutional norms doctrine still divides Portuguese scholarship. In Ruling no. 480/89, despite not having judged the prohibition of lock-out (article 57 § 4 of the Constitution) unconstitutional, the Constitutional Court wrote countless and precious pages tackling this dilemma. Unconstitutional constitutional norms are an increasingly studied subject in international academic debates, moreover in Latin America and Eastern Europe. One should address it not only through the lenses of the limits of constitutional adjudication but also without losing sight of the risk of authoritarian drifts by the hand of constituent and amendment powers.