On The Executive-led System Of The Macao Special Administrative Region

According to the design framework of "One country, Two systems" the Special Administrative Region enacted executive-led political system since the return of Macao. The characteristic of this form of government is executive-led, judicially independent, regulating and coordinating between the executive authorities and the legislature. Although the drafting of the Basic Law of the Macao SAR and the Basic Law of the Hong Kong SAR are fundamentally alike, some articles even express fully consistent with each other. However, from the prospective of practice since the hand-over, the outcome of executive-led system running by the two government is significantly diverse. In Macao, the chief executive and the SAR government gathers momentum, having benign interaction between executive, legislative, and judicial branches. Performing its duties with full independence. The result precisely reflects the legislative intent of Basic Law, also the initiative of policy-makers. Macao, in sharp contrast with Hong Kong, the variance is attributable numerous factors, including the history, legislative culture, local law, articulation of executive-led system and comparison between political force. The dissertation is divided into six chapters:Chapter 1 Focuses primarily on the selection of topics, and the basic situation of academia. Aim at digging deep on the "executive-led system" of Macao, also the train of thought and basic method for the investigation.Chapter 2 Outline of "executive-led system". Differentiate both executive-led system and executive-led. Define "executive-led" as a political phenomenon when it comes to predominance under the separation of power. While, "executive-led system" is form of institutionalized and legalized "executive-led". Under that basis, analyze the relations and the difference between executive-led system of Macao and the separation of the three powers.Pointing out that Executive-led system of SAR is subordinated to the dual leadership of the Central Government, as separated autonomy device, local administrative which responsible to the Central authority, it is also realization of multi-power division.Chapter 3 The evidence of Macao SAR enacts "executive-led" system. Macao adopts executive-led system instead of simply political compromise. The motive is anchored in Macau's reality, took into full account the past and present circumstances. Historically, the constitutional development of Macao has experienced varies phase:parliament, colonization, transition period and the SAR era. However, the administrative powers has long been dominating, somehow turn out to autocracy. The Governor of Macau represents on behalf of Portugal, not only as an important tool binding Macau to Portugal, but also finesse to suppress Macau's autonomy. Unlike, what British government had lay out before Hong Kong's hand-over to her motherland, early applied Representative democracy-reform. The practice of executive-led of Macao has ran though the development process. In fact, The Macao Special Administrative Region is an inalienable part of the People's Republic of China. The central government has complete sovereignty over Macao. Under "One country" principle, a high degree of autonomy of the special administrative region is granted by the central authorities. The most proper way is led by regime combined of initiatives and enforceability, which ensure the unity between the power of the Central Authorities and the high degree autonomy of Macao.Chapter 4 Primary coverage of "executive-led system" of Macao SAR. Within the executive-led government of Macao, The chief executive occupy a central place in the SAR system. He is not merely the head of Macao SAR, but also the head of government of the Macao SAR, his powers and functions are set out in the Basic Law, the executive and the legislative authorities operate on the principle of checks and balances. The local Law of Macao ensures the SAR government shall be vested with proposal right, the executive and legislature, which can both co-ordinate to legislate most of the laws. The legislative council has the power to supervise administrative organ, but must go through procedure and has limited power. Furthermore, jurisdiction exercises judicial power independently, respecting the leadership of "executive-led" forms the core structure of Macao SAR. The executive-led system aids safeguarding national sovereignty and territorial integrity helps to safeguard Macao community's overall long-term democracy development as well as maintain Macao's prosperity, stability, and multiplicity of values.Chapter 5 Traits under "executive-led" of Macao SAR. This chapter has stressed on analyzing Macao SAR executive system which has demonstrated obvious features. The chief executive belongs to a dominated position, meanwhile the executive and the legislative authorities operate on the principle of checks and balances. Owning independent jurisdiction, while respecting government's dominant power. The formation of these characteristics attribute to the maintenance of elected committee seats, plays a vital role in supporting the Chief Executive in the legislative Council. Through the mechanism of firewall and laws regulations like the "Legislative Assembly Law of Legislative Council","Legislative Council Rules", "Interpellation for Government Work", strictly examine the effectiveness of legislative organs within the framework of Basic Law, ensures legislative council maintain rational and administrative priority. With prospective of judiciary, Macao inherited the civil law system from code family, judges don't have adjudicative power to review the legislation of law, and it facilitates integration of local laws and Basic Law. Hong Kong and Macau both implemented basic law, but with different practice, the reason lays within the nuance and details, different in social background and comparison of political power.Chapter 6 Perfecting the "executive-led" system. Since Hong Kong and Macao return to the motherland, the practice of the "One country, Two systems" principle has proven the effectiveness of the "executive-led" system. Their success is not only related to the top-down design, more crucially is provided with supporting policies. Focus on the problem of "executive-dominant" in the executive-led system. Previously mentioned that, in prospective of the Central authority, act in strict accordance with the basic laws of the special administrative regions, they improve work mechanisms for their enforcement, polish the commanding system of the central authority, and enforce the interpretation of the Chief executive.In prospective of the special administrative region, still need to modify work mechanisms to protect proposal right, resolving problems of senators, including the right to re-propose of the government. Last but not least, "Legislative Assembly Law of Legislative Council" need to be reviewed and polished, including "Public interest arguments system"and "Audition regulations" getting inconsistent policy back on track, ensures benign interaction of legislative administration.