Interpretation of Statutes at Cape Verde
Interpretation of Statutes in Cape Verde – Overview
Cape Verde (Cabo Verde) follows a civil law system heavily influenced by Portuguese law, since it was a Portuguese colony until 1975. The interpretation of statutes in Cape Verde relies mainly on codified rules rather than judicial precedent, emphasizing the text, purpose, and systematic coherence of the law.
Legal Framework and Principles
Civil Law Tradition
Cape Verde’s legal system is based on written codes, primarily the Civil Code and other legislative acts.
Judges apply statutes directly and focus on the letter of the law and the legislator’s intent.
Portuguese Influence
Cape Verde’s statutes and interpretation principles are closely modeled on Portuguese laws and legal doctrine.
The Portuguese Civil Code and interpretation principles often serve as references for Cape Verdean judges and lawmakers.
Statutory Interpretation Rules
Interpretation aims to discover the intent of the legislator through:
Literal interpretation: the ordinary meaning of words.
Systematic interpretation: considering the law within the context of the entire legal system.
Teleological interpretation: understanding the purpose and objectives of the statute.
If the wording is ambiguous, judges consider the spirit of the law and social context.
Hierarchy of Norms
The Constitution of Cape Verde is the supreme law.
Statutes must comply with constitutional principles.
Lower laws and regulations must conform to statutes.
Judicial Role
Courts interpret statutes but do not create binding precedent as in common law.
However, higher court decisions (Supreme Court of Justice) guide lower courts for consistency.
Use of Legislative History
Legislative intent may be informed by preparatory works (travaux préparatoires) when available.
Practical Features
Judges balance strict application of text with flexible interpretation to avoid absurd outcomes.
In areas with gaps, courts may apply analogical reasoning.
Constitutional interpretation tends to be purposive, safeguarding fundamental rights.
Summary
Cape Verde uses a civil law interpretative approach, emphasizing the text, purpose, and system coherence.
Courts rely on Portuguese legal doctrine as guidance.
The Constitution provides a framework ensuring statutes align with fundamental principles.
Judicial decisions aim for uniformity and fairness, but there is no doctrine of binding precedent like in common law.
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