Interpretation of Statutes at Cambodia
Certainly! Here's an overview of the Interpretation of Statutes in Cambodia:
Interpretation of Statutes in Cambodia
Cambodia’s legal system is a civil law system, heavily influenced by French law, customary law, and international legal principles. Interpretation of statutes in Cambodia follows established legal principles within this framework to clarify ambiguous, vague, or unclear legal texts.
1. Legal Framework
The Constitution of the Kingdom of Cambodia (1993) is the supreme law.
Legislation Law of Cambodia guides how laws are created and interpreted.
Laws, sub-decrees, royal decrees, and regulations form the hierarchy of legal texts.
The Supreme Court of Cambodia and Constitutional Council play important roles in interpretation.
2. Who Interprets the Statutes?
Legislative Bodies: The National Assembly and Senate can provide interpretations during law-making or amendments.
Judiciary: Courts interpret statutes when applying the law to specific cases.
Constitutional Council: Interprets the Constitution and reviews laws for constitutional compliance.
Government Agencies: Can issue administrative interpretations but these must be consistent with higher laws.
3. Principles of Statutory Interpretation
Cambodia generally follows civil law interpretation principles, including:
Literal Interpretation: Words of the statute are given their ordinary meaning.
Systematic Interpretation: The statute is interpreted in context with other laws and the legal system.
Teleological (Purpose-based) Interpretation: Understanding the intent and purpose behind the law.
Historical Interpretation: Looking at the legislative history or preparatory works (travaux préparatoires).
Effective Interpretation: Interpretation that avoids rendering any part of the law meaningless.
4. Judicial Practice
Cambodian courts tend to rely heavily on statutory text and legal codes.
Courts have limited discretion and do not create law, but they interpret and apply existing statutes.
Precedent is not binding in the same way as in common law systems but higher court decisions, especially the Supreme Court’s rulings, hold persuasive authority.
5. Constitutional Interpretation
The Constitutional Council holds exclusive authority to interpret constitutional provisions.
It also reviews the constitutionality of laws and government actions, effectively providing a form of constitutional interpretation.
6. Customary Law and International Law
Customary law is recognized but subordinate to statutory law.
Cambodia is a party to many international treaties; international law can influence interpretation, especially when domestic laws are vague or silent.
Summary
Interpretation of statutes in Cambodia is primarily carried out by courts, the Constitutional Council, and the legislature.
It follows civil law traditions emphasizing the literal and purposive reading of texts.
Cambodia’s interpretation process is structured, hierarchical, and designed to maintain legal certainty within the framework of its constitutional monarchy and civil law heritage.
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