Research On The Standards Of The Legislative Council Of Macao Special Administrative Region

The Legislative Council of Macau,as the sole legislature of the Macau Special Administrative Region,should be bound by the Constitution and the Basic Law of Macau.However,due to the influence of the "One Country,Two Systems" policy and social system,the Constitution has not yet been directly invoked and applied in the Macau Special Administrative Region.Therefore,it is of great significance for the Legislative Council to choose to apply the Basic Law of Macau to ensure that the laws of the SAR comply with the Basic Law and to promote the implementation of the Basic Law.At present,scholars from the Mainland,Hong Kong and Macao pay more attention to the theoretical basis and practice of the basic law interpretation power and the basic law review power of the courts of the Special Administrative Region,but seldom pay attention to the basic law review practice of the Macao Legislative Council in the legislative process.The Legislative Council of the Macao Special Administrative Region,as the SAR legislature authorized by the Constitution and the Basic Law,independently exercises the legislative power of the SAR.However,in practice,it is subject to the objective influence of the executive-led political system.The relationship between the legislative power of the Legislative Council and the power to formulate administrative regulations is unknown.The limited power has led to the unsatisfactory performance of the original legislative function and government supervision function of the Legislative Council.Under such circumstances,the Legislative Council uses the provisions,spirit and basic principles of the Basic Law to review the bills proposed by the government and conduct basic law review.It may be regarded as a powerful force for the Legislative Council to break through restrictions and strengthen the control and supervision of government powers and improve the quality of its own legislation.breakthrough.Researching and analyzing the Standing Committee Opinions of more than 40 bills passed by the Legislative Council since the return of the Macao Special Administrative Region in 1999,it can be found that the Legislative Council’s review methods and standards for compliance with the Basic Law have shown a systematic embryonic form.In general,the review is centered on the protection and restriction of basic rights,and the review is conducted from two dimensions.At the level of the protection and review of basic rights,the basic rights and basic policy review standards are established in accordance with the provisions of the "Macao Basic Law",international conventions,constitutional science and administrative law,and the dual attribute theory of basic rights and the three-level theory of national obligations are selected to establish the basic Rights and basic policy review content.However,in the specific review,the Legislative Council did not choose to review positively,that is,whether the government’s responsibilities and obligations are complete and whether the protection of basic rights is adequate.Instead,it chooses to transform the subject of review,that is,from negative review to another.Whether the basic rights of a group of groups do not impose equal protection against the principle of equality will eventually return to the path of review of the limitation of basic rights.At the level of restrictive review of basic rights,the three technical formulas included in the principle of equality are mainly applied,namely whether it is in the same situation,whether it constitutes discrimination,whether the differential treatment is reasonable,and the principle of limitation of basic rights such as the principle of legal reservation and the principle of proportionality.The application of the SAR is affected by the political system of the SAR and the experience of judicial review,and its practical effect is not ideal,and it has not been fully effective.In addition,the review practice of the Basic Law also presents three types of characteristics,namely,frequent citation of Convention provisions to demonstrate the specific content of basic rights and government obligations,frequent application of constitutional theories,administrative law theories and academic viewpoints to clarify the basic law provisions.The specific connotation and when the bill involves a new system or regulation in Macau,the system of other countries and regions shall be applied from the perspective of comparative law.At the same time,it also exposed its practical deficiencies and inherent limitations,including insufficient interaction with the Constitution,lack of review of legislative authority and basic rights protection,which mainly relies on the restriction of administrative power and legislative power,the strengthening of the cooperative relationship and the improvement of the system.The above-mentioned local review practice has provided important experience support and technology accumulation for the Constitution and Law Committee to promote constitutional review and improve the quality of legislation during the review process of draft laws.