Course Description
I. Introduction.
1. Administrative justice.
2. Separation of powers.
3. Main historical models of administrative justice.
4. Subjective and objective models.
II. Evolution of the judicial review in Macao.
1. Jurisdictional competence within the judicial review in Macao. The administrative Court. Appeal Courts. Judicial organization in Macao.
III. Mechanisms of Judicial review.
1. Judicial review.
1.1 Concept and nature.
1.2 General principles.
1.3 Administrative acts that can be judicially reviewed.
1.4 Procedural requirements
1.5 Standing of the parties
1.6 Proceeding.
2. Special judicial remedies
2.1 Judicial review of norms
2.2 Electoral litigation
2.3 Administrative infractions
3. Administrative Actions
3.1 Judicial action on administrative contracts
3.2 Judicial action on torts liability
3.3 Injunction. Judicial action to compel the practice of an administrative act
3.4 Judicial action for the protection of rights and lawful interests.
4. Interim Measures.
4.1 Suspension of the effects of an administrative decision.
4.2 Provisory injunction.
4.3 Production of endangered evidence.
4.4 Other interim measures.
IV. Judicial Decisions
1. Legal effects of the judicial decisions
V. Judicial appeals
1. Right to appeal
2. Legal regime.
VI. Execution of judicial decisions.
1. Execution for the delivery of an asset or performance in kind.
2. Execution for payment of an amount 3. Guarantees against illegitimate non execution.
VII. Arbitration
1. Ambit.
2. Appeal of arbitration.
3. Arbitration centers.
Intended Learning Outcomes
CILO-1: Students will be able to state and illustrate legal concepts and general principles of administrative law and judicial review.
CILO-2: Students will be able to describe the organization and rules of competence of the courts of the Macao SAR, with regard to administrative law cases.
CILO-3: Students will be able to differentiate the types of judicial remedies available, including interim measures, and explain their legal rules and procedural requirements.