Interpretation of Statutes at Laos
Interpretation of Statutes in Laos – Overview
Laos operates under a civil law system influenced by French legal traditions and socialist legal principles. The country’s legal system is still developing, and statutory interpretation is governed by codified laws, judicial practice, and the overarching influence of the Constitution of Laos and the Lao People's Revolutionary Party.
Legal Framework for Interpretation
Constitution of the Lao People's Democratic Republic (2015)
The supreme law.
All statutes must conform to constitutional provisions.
Emphasizes the leadership of the Lao People’s Revolutionary Party.
Lao Civil Code and Other Statutory Laws
Codified laws provide specific rules on interpretation.
The Law on Legislation (2017) sets out principles for drafting and interpreting laws.
Law on Legislation (No. 03/NA, 2017)
Key statute regulating the interpretation of laws.
Defines general principles, methods, and hierarchy of legal norms.
Principles of Interpretation
1. Literal (Textual) Interpretation
The primary approach is to apply the plain and ordinary meaning of words.
Clarity in the statute leads to direct application.
2. Systematic Interpretation
Statutes must be interpreted in the context of the whole legal system.
Harmonization with other laws and legal principles is required.
3. Teleological (Purpose-Oriented) Interpretation
Where language is ambiguous, interpretation focuses on the purpose and objectives of the law.
Reflects socialist principles and national policy goals.
4. Hierarchical Interpretation
Laws are interpreted with respect to the hierarchy of norms:
Constitution at the top
International treaties ratified by Laos
Laws passed by the National Assembly
Decrees and regulations
5. Avoidance of Absurdity
Interpretations leading to illogical or unreasonable results are rejected.
Role of the Judiciary and Administrative Bodies
Courts have a limited independent role but apply laws according to the above principles.
The Supreme People's Court is the highest judicial authority.
Administrative organs may issue guidelines and instructions to ensure uniform interpretation and application of statutes.
Use of External Aids
Legislative history and preparatory materials, though not always publicly accessible, can be used internally.
International treaties and conventions ratified by Laos influence interpretation.
Summary
Statutory interpretation in Laos is characterized by:
Reliance on literal and purposive methods
Compliance with the Constitution and socialist principles
Respect for the hierarchy of legal norms
Application by courts under guidance from administrative bodies
Influence of international treaties in interpretation
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