Interpretation of Statutes at Kiribati
Here’s a summary of the Interpretation of Statutes in Kiribati:
Interpretation of Statutes in Kiribati
Kiribati’s legal system is a blend of common law inherited from the British colonial period, local customary law, and statutory law. Interpretation of statutes is a key function of the judiciary to apply laws properly.
1. Legal Framework
The Constitution of Kiribati (1979) is the supreme law.
Statutes are enacted by the Parliament of Kiribati.
The Interpretation Act provides general rules for interpreting legislation.
Courts apply the common law tradition supplemented by local legislation and constitutional provisions.
2. Who Interprets Statutes?
Judiciary: Courts interpret statutes during legal proceedings.
The High Court and Court of Appeal are primary judicial bodies.
The Attorney General may provide legal opinions interpreting statutes.
Customary law plays a role in interpretation, particularly in areas affecting indigenous practices.
3. Principles of Statutory Interpretation
Kiribati applies common law principles, including:
Literal Rule: Words are given their ordinary and natural meaning.
Golden Rule: To avoid absurdity or inconsistency, words may be interpreted differently.
Mischief Rule: Courts consider what “mischief” the statute intends to remedy.
Purposive Approach: Emphasis on the purpose and legislative intent behind the law.
Contextual Reading: Statutes are read in the context of the entire statute and related laws.
4. Judicial Precedent
Kiribati follows the doctrine of stare decisis, where lower courts follow decisions of higher courts.
Decisions of the High Court and Court of Appeal are authoritative.
English common law precedents may be persuasive but are subordinate to Kiribati law.
5. Constitutional Interpretation
The Constitution is the highest legal authority.
Courts can review legislation to ensure constitutional compliance.
Any law inconsistent with the Constitution may be declared invalid.
6. Customary Law and International Law
Customary law is recognized and may influence interpretation, especially in family and land matters.
Kiribati is party to international treaties, which can influence statutory interpretation.
Summary
Kiribati’s statutory interpretation follows common law principles.
The Interpretation Act and judiciary guide interpretation, focusing on literal and purposive readings.
Courts have authority to ensure statutes comply with the Constitution.
Customary law and international law also inform interpretation.
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