Comparative Politics

.. over the years. The ruling parties in the states are listed below. MACAU Macau has two governmental bodies with political and legislative authority: the Governor and the Legislative Assembly. In accordance with the autonomy consecrated in the Organic Statute of Macau,the exercise of the legislative function by both bodies, and the executive function by the Governor, assisted by seven under-secretaries, is guaranteed.

The two bodies, however, have different political statutes: The Governor is Portugal’s representative in Macau and is politically accountable to the President on all issues pertaining to the Republic, excepting the law courts; The Legislative Assembly is a body of mixed representation: eight deputies are directly elected by the people, another eight deputies are indirectly elected by the representative bodies of local interests and seven deputies are appointed by the Governor. In exercising his executive and legislative functions, the Governor is assisted by the Consultative Council, which consists of five members appointed by the Governor and five who are indirectly elected. The Governor. The Governor is nominated, appointed and dismissed by the President of the Republic of Portugal after consultation with the Legislative Assembly and bodies representing local interest groups in Macau. The governor’s duties are the following: – to represent the President of the Republic of Portugal, the Portuguese parliament and the governmentof Portugal in Macau; – to represent the enclave in internal affairs and, when requested by the President of the Republic, in external affairs; – to assume responsibility for the internal security and, when requested by the President, for the external security of Macau; – to take the necessary steps in accordance with the law to ensure public order; – to legislate, i.e. sign laws and bills and authorise their publication, ensure that laws and regulations are carried out, pass decrees and write decrees; – to direct the general policy, define the structures and regulate the monetary and financial markets; – to guarantee the freedom, fullness of action and independence of the judiciary; – to supervise the public administration and oversee the finances. The Governor ensures political co-ordination with the help and advice of seven under-secretaries, who are nominated and dismissed by the President of the Republic at the Governor’s recommendation. The Legislative Assembly.

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The Legislative Assembly is composed of 23 deputies elected for a four-year term. Eight deputies are directly elected by the 120,000-strong electorate, and eight deputies are elected indirectly by bodies representing local interests. Seven deputies are appointed by the Governor from among those residents held in high esteem by the local community. The Legislative Assembly has four legislative sessions, each one of which does not, as a rule, exceed eight months. Each of these sessions may be divided into two or three periods, the first of which beginning on the 15th October each year, and the last ending, in general, on the 15th June of the following year. The duties of the Legislative Assembly are: – to ensure constitutional and statutory norms and laws are complied with and to make recommendations and propose alterations to the Organic Statute of Macau; – to legislate, in accordance with its mandate, on matters falling outside the jurisdiction or sovereignty of the Republic or the Governor; – to grant legislative authorisation to the Governor and ratify or modify any bill proposed by him on matters which are not his exclusive responsibility; – to authorise the Governor to raise loans and effect other credit operations in accordance with the law; – to appraise the actions of the Governor, the under-secretaries and the administration and, on the basis of detailed justification, veto governmental actions. The Municipalities.

Macau is divided into two urban councils : the peninsula or the city of Macau itself, and the islands of Taipa and Coloane. Each of them is administered by a an urban councils whose mayor is nominated by the Governor. Each mayor is answerable their to his respective Executive Committee as well as the Municipal Assembly. The remaining members are elected either directly or indirectly through local council elections. Leal Senado (Loyal Senate) It is Macau’s urban council.

It’s name originates from the time (1580-1640) when Portugal was invaded by Spain and absorbed into the Spanish Empire and Macau, alone, refused to hoist the Castilian flag. This deed was duly recognised after the restoration of independence in 1640 when the words “Cidade do Nome de Deus de Macau, no h outra mais leal” (Macau, city of the Name of God, there is no other more loyal) were added to the city’s coat of arms. The Sino-Portuguese Joint Liaison Group And The Sino-Portuguese Land Group The Joint Liaison Group is a permanent body set up to ease consultation and the exchange of information between the governments of Portugal and the People’s Republic of China. It has no administrative function within the territory. The Joint Liaison Group’s duties are the following: – to consult on the application of the Joint Declaration and its annexes as well as on the actions that both governments should take in order to maintain and promote, among others, the economic and cultural relations of the future Macau Special Administrative Region; – to exchange information and consult on matters relating to the handover in 1999 and other matters to be agreed upon by both parties.

The Joint Liaison Group consists of ten members, five of which (four permanent members headed by an ambassador), being appointed by each side. Both parties may also appoint experts and further necessary support staff, the numbers of which to be decided upon through consultation. The Liaison Group has also been charged with the analysis and approval of important political and administrative affairs, amongst which are: the three localizations (law, government personnel and language), the integration of civil servants, air traffic legislation and Macau’s adherence to the precepts of international organisations. The Joint Liaison Group meets three times a year in, alternately, Lisbon, Beijing and Macau. The Sino-Portuguese Land Group is a body set up by the governments of Portugal and China to deal with land concession contracts and other related matters in Macau.

It consists of three representatives from each side and those supplementary staff members agreed upon. The specific functions of the Land Group are: – to decide upon the total area of land concessions to be granted beyond 20 hectares (the Governor has the exclusive right to decide up to a limit of 20 hectares per year); – to decide upon the division and use of the money thereby obtained (divided equally between Macau’s Portuguese administration and the future Macau Special Administrative Region, once the average cost of land reclamation has been deducted); – to submit the government of Macau’s proposals to the Chinese side for the future use of land revenues which, after 1999, will belong to the Macau Special Administrative Region. JUDICIAL SYSTEM INDIA The Supreme Court is the apex court in the country. The High Court stands at the head of the state’s judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like.

Similarly,criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class. Supreme Court The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all disputes between the Union and one or more states or between two or more states. The Constitution gives an extensive original jurisdiction to the Supreme Court to enforce Fundamental Rights. Appellate jurisdiction of the Supreme Court can be invoked by a certificate of the High Court concerned or by special leave granted by the Supreme Court in respect of any judgement, decree or final order of a High Court in cases both civil and criminal, involving substantial questions of law as to the interpretation of the constitution.

The President may consult the Supreme Court on any question of fact or law of public importance. The Supreme Court of India comprises of the Chief Justice and not more than 25 other Judges appointed by the President. Judges hold office till 65 years of age. High Courts There are 18 High Courts in the country, three having jurisdiction over more than one state. Bombay High Court has the jurisdiction over Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.

Guwahati High Court, which was earlier known as Assam High Court, has the jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana and Chandigarh. Among the Union Territories, Delhi alone has had a High Court of its own. The other six Union Territories come under jurisdiction of different state High Courts. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state. Each High Court has powers of superintendence over all courts within its jurisdiction.

High Court judges retire at the age of 62.The jurisdiction as well as the laws administered by a High Court can be altered both by the Union and State Legislatures. Certain High Courts, like those at Bombay, Calcutta and Madras, have original and appellate jurisdictions. Under the original jurisdiction suits, where the subject matter is valued at Rs.25,000 or more, can be filed directly in the High Court. Most High Courts have only appellate jurisdiction. Lok Adalat Lok Adalats are voluntary agencies for resolution of disputes through conciliatory method.Legislative Relations Between the Union and States Under the Constitution, Parliament has the power to make laws for the whole of or any part of the territory of India.

The State Legislatures have the power to make laws for the States. The subjects on which legislation can be enacted are specified in the Seventh Schedule of the Constitution. Parliament has the exclusive right to legislate in respect of items appearing in List I, called the “Union List”. This list includes area such as defence, foreign affairs, currency, income tax, excise duty, railways, shipping, posts and telegraphs, etc. State Legislatures have the exclusive power to make laws in relation to items appearing in List II called the “State List”.

This includes items like public order, police, public health, communications,agriculture, lotteries, taxes on entertainment and wealth, sales tax and octroi, etc. Both Parliament and the State Legislatures have the power to legislate in items appearing in List III of the Constitution which is known as “Concurrent List”. This list includes items like electricity, newspapers, criminal law, marriage and divorce, stamp duties, trade unions, price controls, etc. MACAU Macau’s judicial system is fully autonomous placing a historical obligation on Portugal to ensure that post-1999 a modern state of law reflecting the particular conditions in the territory ,and respecting and safeguarding its fundamental rights and freedoms is established. Judicial autonomy is an objective shared by the governments of Macau, Portugal, and the People’s Republic of China.

The Sino-Portuguese Joint Declaration of 1987 clearly recognises an judicial autonomy, including the power of final adjudication in the future SAR. As stated in the chapter which refers to fundamental policies, “The courts are to be independent, free from any interference and only subject to the law”. The Basic Law envisages three levels of judicial appeal: the Courts of First Instance, a Court of Second Instance and a Court of Final Appeal. The former will comprise courts of a specialised nature such as the present Criminal Court. The Special Administrative Region will also have an Administrative Court, appeals on whose decisions will be heard at the Court of Second Instance.

Macau’s current legal system comprises the Courts of First Instance and the higher courts. In the first case , the General Court has the authority of a judicial court and may pass sentence. The Criminal Court, meanwhile, has control over preparatory instruction and preliminary enquiries. Appeals on decisions taken in the lower courts in Macau, which until April, 1993 were submitted to the Court of Appeal or the Supreme Court of Justice in Lisbon, are now heard at Macau’s Supreme Court, established on the 2nd March, 1992, which has the power of final adjudication. In administrative law, the Supreme Court also holds the authority to decide in matters of, for example, fiscal and customs law. In lower courts this comes under the authority of the Administrative Court,whereas all matters relating to the financial control of the administration, public services and local authorities fall under the jurisdiction of the Audit Court which was also created by the Law of Bases of the Jud! icial System.

On a different level, the Portuguese courts still play a role within Macau’s judicial structure. Besides the Supreme Court of Justice, the Constitutional Court has maintained its power to adjudge the constitutionality and legality of decisions taken by the Legislative Assembly; the Supreme Administrative Court maintains the right to pass judgment on appeals brought against the actions of the Governor and his under-secretaries; and the Audit Court in Lisbon assesses any potential divergence between the government of Macau and the local Audit Court. The revision of the Organic Statute of Macau, with the objective of bringing the governments of Macau and Portugal closer together, led to the achievement of complete autonomy within the judicial system, the ultimate proof coming with the establishment of a Court of Final Appeal as foreseen in the Basic Law of the future Macau Special Administrative Region. The training of local legal personnel is fundamental during the period of ! transition. The Law of Bases opened the way for Macau’s first bilingual magistrates.

These graduated in 1993 from the University of Macau. At the end of 1995, the Magistrate College accepted its first intake of students. These students are from either Macau or China, are law graduates, from a university in Portugal or Macau, and are fluent in both the Chinese and Portuguese languages. They will became the next judges and agents of the public prosecutor’s office, positions that have hitherto always been occupied by Portuguese magistrates.To Be ConTinued…