Teacher's Evaluation Case

RULING No. 214/11, 29 April 2011 (2011)

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Teacher’s Evaluation Case

Portugal Constitutional Court
RULING No. 214/11, 29 April 2011 (2011)

KS

Facts

In Portugal, decrees passed by the legislative assembly (defendant) are forwarded to the president of Portugal (plaintiff) for promulgation. Laws that are properly promulgated are implemented by the executive branch of the government, led by the prime minister. In 2011, the assembly passed a decree that suspended the existing model for appraising teacher performance and ordered the prime minister’s government to begin negotiating with trade unions to approve the new appraisal regime. The president of Portugal requested that the constitutional court review the decree based on a possible constitutional violation. The request was predicated on concerns that the assembly’s interference with teacher appraisals violated the separation and interdependence of governmental powers, the government’s sphere of intervention, and the rule of law.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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