'Permanent' Fundamental Rights in a Legal System in Transition - The Case of Macau

Abstract

The paper discusses the impact on the fundamental rights of the transition of Macau from a territory under Portuguese Administration to a Special Administrative Region of the People´s Republic of China. It argues that, due to several «transition guarantees», in what concerns fundamental rights the situation is of continuity thus being «permanent» fundamental rights rather than rights in transition. The paper addresses several contextualizing issues such as the transition period and the principle of continuity proceeding to a comparaison of the legal tissue on the subject before and after the transfer of full sovereignty over Macau to China.