Interpretation of Statutes at Mali
Here’s an overview of Interpretation of Statutes in Mali, focusing on the legal framework and key principles guiding statutory interpretation:
⚖️ Interpretation of Statutes in Mali
1. Legal System Context
Mali follows a civil law system heavily influenced by the French legal tradition.
The Constitution of Mali (1992) is the supreme law of the land.
Laws are codified, and courts apply statutory interpretation principles rooted in civil law.
2. Legal Framework for Interpretation
Mali does not have a separate Interpretation Act; instead, interpretative rules are embedded in the Civil Code and other legislative codes.
The judiciary plays a central role in applying interpretation principles.
The Constitutional Court of Mali ensures laws comply with constitutional norms.
3. Principles of Statutory Interpretation
Literal (Grammatical) Interpretation:
Courts start by applying the plain and ordinary meaning of the statute’s text.
Systematic Interpretation:
Laws are read within the broader context of the legal system.
Teleological (Purpose-Oriented) Interpretation:
Courts consider the objective and purpose behind the law.
Historical Interpretation:
Legislative history and preparatory works may be consulted to resolve ambiguities.
4. Constitutional Supremacy
The 1992 Constitution overrides conflicting statutory provisions.
Courts interpret laws consistently with constitutional guarantees and human rights.
5. Judicial Role
The Supreme Court and Constitutional Court provide authoritative interpretations.
Courts also consider international treaties to which Mali is a party, particularly human rights conventions.
Summary
Mali’s statutory interpretation follows civil law principles emphasizing textual clarity, systematic coherence, and legislative purpose, under the supremacy of the Constitution. The judiciary ensures alignment with constitutional and international norms.
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