The constitutional and administrative history of Macau during the era of Portuguese jurisdiction, 1553-1999

Abstract

Macau possesses a unique constitutional legacy that remains underappreciated despite its potential contributions to local, national, and international constitutional discourse. A curiously autonomous, sophisticated, and sometimes spontaneous constitutional order flourished there, but is largely forgotten. No comprehensive, English-language treatises of Macau’s constitutional history under Portuguese administration (1553-1999) existed before this writing. Utilizing doctrinal, historical, and comparative methodologies, this dissertation divides the constitutional history of Macau into eight constitutional epochs, each with its own distinctive structural and normative characteristics. It evinces that a high degree of constitutionalism evolved at Macau before the handover to Chinese administration, with considerable continuity and discontinuity evident between major epochs, leading up to and into the modern SAR era. This dissertation aims to help uncover and preserve the traditions of a city that persevered through invasions, insurrections, and depressions during its 446 years of Portuguese administration to serve, at various times, as the primary point of socioeconomic intercourse between “East” and “West,” a refuge from war, and perhaps even “the first democratic republic of the Orient.” Taken together, this dissertation’s organizational paradigm, legal analyses, and document translations constitute original contributions to existing literature. It provides insights into the circumstances surrounding Macau’s constitutional development, the stagnation of its practice of representational government, and the location of any “Macau characteristics” in the Macau Basic Law. As a foundational work, it can be used as a general introduction to Macau history and a starting point for future studies.