Interpretation of Statutes at Greenland (Denmark)
Interpretation of Statutes in Greenland (Part of the Kingdom of Denmark)
1. Legal and Political Status
Greenland is an autonomous territory within the Kingdom of Denmark.
It has self-government with authority over many areas, including its own legal system.
Danish law applies where Greenlandic law is silent or in areas not devolved.
The Greenlandic legal system is influenced by Danish civil law tradition.
2. Sources of Law
Greenlandic laws (Acts of the Inatsisartut — Greenlandic Parliament).
Danish statutes and regulations, where applicable.
Common principles of Danish civil law.
International treaties ratified by Denmark apply to Greenland unless specifically excluded.
3. Principles of Statutory Interpretation
Greenland follows principles similar to Danish statutory interpretation:
a. Literal Interpretation
The ordinary and natural meaning of the words in the statute is the starting point.
b. Systematic Interpretation
Statutes are interpreted within the broader legal context and in harmony with other laws.
c. Teleological (Purposive) Interpretation
Consideration of the legislative intent and purpose behind the statute.
4. Authorities Responsible for Interpretation
Greenlandic courts apply and interpret statutes.
Appeals may be made to Danish courts, including the Supreme Court of Denmark (Højesteret), in matters under Danish jurisdiction.
The Danish Parliament retains legislative authority over certain domains.
5. Use of Extrinsic Materials
Legislative history, preparatory works, and parliamentary debates may be consulted.
Judicial decisions from both Greenlandic and Danish courts serve as important interpretative guides.
6. Challenges and Considerations
Balancing Greenlandic self-government laws with overarching Danish legal framework.
Adapting Danish legal principles to Greenland’s unique cultural and social context.
Ensuring consistency with international law, especially concerning indigenous rights and environmental protection.
Summary Table
| Aspect | Details |
|---|---|
| Legal System | Greenlandic self-government under Danish civil law |
| Applicable Laws | Greenlandic laws; Danish laws where applicable |
| Interpretation Methods | Literal, systematic, purposive |
| Courts | Greenlandic courts; Danish Supreme Court appeals |
| Challenges | Harmonizing local autonomy with Danish legal system |
RELATED Blog
0 comments