(Portugal Twitter)-Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including Chinese law, Italian law, and some narrow aspects of common law.
Macau as a civil law legal system
Macau is typically a civil law legal system, in that legislation is the main source of law and case law, while clearly relevant, is not a major source of law. Macau has the five 'classic' codifications: the Civil Code, the Commercial Code, the Civil Procedure Code, the Penal Code, the Criminal Procedure Code. In addition, there are a number of other smaller codifications (e.g., in the field of administrative law).
Constitutional law
The apex of the legal system is the Basic Law of the Macau SAR, a Chinese law approved in accordance with and due to the Sino-Portuguese Joint Declaration on the Question of Macau (an international treaty that is officially deposited at the UN) and with article 31 of the Constitution of the PRC. Within Macau, the Basic Law has constitutional rank. The Basic Law of Macau is modelled upon the Basic Law of Hong Kong, although it is not totally equal, as it namely is influenced by the Portuguese Constitution in some points as, for example, in some norms concerning fundamental rights. The International Covenant on Civil and Political Rights applies in Macau.
Judicial system
The courts of the Macau SAR are structured in three levels and have final power of adjudication, except in very narrow areas. The Court of Final Appeal has three judges, and the Court of Second Instance has five judges. Trial by jury is foreseen in the law, but is not used.
Prior to 1991, Macau judicial system was a sub-judiciary district of the judicial framework of the Portuguese legal system and was affiliated to the Judiciary District of Lisbon.
High Court
The Higher Court of Justice (Superior Court of Justice) of Macao replaced the role of Court of Appeal of the Judiciary District of Lisbon. This highest court would be replaced by the current Court of Appeal in 1999.
The courts prior to the handover in 1999:
Superior Council of Magistrates
Superior Council of Public Prosecutors
Court of Justice of Macao
Criminal Preliminary Hearing Court of Macao
Administrative Court of Macao
Constitutional Court of the Republic of Portugal
Supreme Administrative Court of the Republic of Portugal
Supreme Court of Justice of the Republic of Portugal
Audit Court of the Republic of Portugal
The courts of Macau consists of:
Court of Final Appeal - 終審法院/Tribunal de Ultima Instancia
Court of General Competence
Administrative Court (Tribunal Administrativo)
Criminal Preliminary Hearing Court (Juizos de Instrucao Cruminal)
Audit Court
Higher Court of Justice
Judiciary Council of Macao (Tribunal Judicial de Base)
Court of Second Instance or Court of Appeal (Tribunal de Segunda Instancia)
Court of First Instance (Tribunais de Primeira Instancia)
Tribunal Judicial de Base
Judiciary Council of Macao (Conselho dos Magistrados Judiciais)
Private law
Private law in Macau is basically codified in two separate codes: the 1999 Civil Code and the 1999 Commercial code. A number of other pieces of legislation, such as the law on standard contract terms, are also of importance. The Commercial Code has been translated into English and is freely available in the website of the Macau Official Printing House (see link below). For a partial translation of the Civil Code, see the bibliography below.
Legal Department
The Department of Public Prosecution (Ministerio Publico) is the judicial authorities of Macau. It is led by the Prosecutor General and assisted by the Assistant-Prosecutor General. Day to day legal activities are performed by general prosecutors.
Sell your website
ReplyDelete