Macau

Abstract This chapter provides a primer on Macau’s historical background, examines Macau’s constitutional system (including constitutional texts, case law, and de facto elements), and highlights several questions and challenges for the future. The Macau SAR was established in December 1999 through the return of Macau’s sovereignty to the People’s Republic of China after four and a half centuries of Portuguese administration. This transfer of sovereignty was set forth in the 1987 Joint Declaration. The Basic Law is the fundamental law of Macau and serves as the lato sensu or functional constitution. It sets out terms for Macau’s political system, autonomy, protection of fundamental rights, and regulation of economic and social issues. The “One Country, Two Systems” framework that structures Macau’s constitutional system has the necessary elements to work well so long as the framework is applied in good faith. Whether—and to what extent—relevant actors maintain fidelity to that framework in coming years remains to be seen.