ABSTRACT
This chapter analyses the ways in which constitutional courts can contribute to the evolution of the law, determining that a particular piece of legislation is no longer in conformity with the Constitution, attributing new meanings to constitutional norms, or considering whether the law regulating a new matter is in conformity with the Constitution. It specifically analyses the Portuguese constitutional jurisprudence on the term of the paternity investigation action, donor anonymity in heterologous reproduction, same-sex marriage, the punishment of homosexual acts with adolescents, medically assisted procreation, and surrogate gestation. It finds that nowadays, the Constitution, legislation, and constitutional courts are no longer the only agents in the evolution of a legal order. Global trends of cross-border legal relations and interdependence have led to an era of constitutional cosmopolitanism, constitutional pluralism, and a multi-level system of rights protection.
