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The Role and Influence of Portuguese Law in the Macau SAR of People’s Republic of China: Issues and Perspectives
Cardinal, Paulo1,2
2023-05-04
Source PublicationPortugal and the Lusophone World: Law, Geopolitics and Institutional Cooperation
PublisherPalgrave Macmillan
Pages65-86
Abstract

Macau SAR enjoys a unique and challenging status. Anchored in the “One Country, Two Systems” formula, guaranteed by the Joint Declaration, an international treaty, stating that after the establishment of the SAR, the laws, decree laws, and administrative regulations in Macau shall be maintained. The legal system receives a continuity guarantee, not as an untouchable set of pieces of legislation, but as a whole, its spirit, its principles. It was mostly imported from Portugal, or strongly influenced by it, and it showcases a guarantee of Law as Law proper and a legal system with Rule of Law. Lately, in a context of increasing pressure on the SAR’s autonomy, this continuity and linkage to Portuguese Law has been subjected to challenges. What will the road ahead be?.

KeywordChina Comparative Law Continuity Hybrid Systems Legal Families Macau Portuguese Law Roman-german Legal Family Special Administrative Region
DOI10.1007/978-981-99-0455-6_5
URLView the original
Language英語English
ISBN9789819904556;9789819904549
Scopus ID2-s2.0-85172086823
Fulltext Access
Citation statistics
Document TypeBook chapter
CollectionFaculty of Law
Affiliation1.Faculty of Law, University of Macau, Macau, China
2.Faculty of Law, University of Hong Kong, Hong Kong
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Cardinal, Paulo. The Role and Influence of Portuguese Law in the Macau SAR of People’s Republic of China: Issues and Perspectives[M]. Portugal and the Lusophone World: Law, Geopolitics and Institutional Cooperation:Palgrave Macmillan, 2023, 65-86.
APA Cardinal, Paulo.(2023). The Role and Influence of Portuguese Law in the Macau SAR of People’s Republic of China: Issues and Perspectives. Portugal and the Lusophone World: Law, Geopolitics and Institutional Cooperation, 65-86.
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