Shiling Xiao (RPg) on Judicial Review and Standards of Review in Macao (new book chapter)

"Judicial Review and Standards of Review in Macao"

Shiling Xiao (RPg)

in Routledge Handbook of Constitutional Law in Greater China, ed. by Ngoc Son Bui, Stuart Hargreaves, and Ryan Mitchell (Routledge, Dec 29 2022), Chapter 11, pp. 169-184

Abstract: This chapter examines the judicial review mechanisms of the Macau special administrative regions and the judicial review practice of the Court of Final Appeal of Macau in the last two decades after the handover. In the era of colonial Macau, there were mechanisms of constitutional review. The courts could either appeal to the constitutional court in Lisbon or reject to apply the laws they consider unconstitutional and invalid. The Fundamental Law on Judicial Organisation, a new law on the judicial organisation of the Macau SAR, came into force on that day China resumed its sovereignty over Macau. Due to the influence of the Portuguese centralised model of administrative review, Macau established a specific administrative tribunal, the Administrative Tribunal, which is specialised in litigation in relation to administrative, tax and customs duties matters. The Administrative Tribunal enjoys common and residual jurisdiction at first instance over administrative disputes.