Interpretation of Statutes at Mozambique
Here’s an overview of Interpretation of Statutes in Mozambique, reflecting its civil law tradition and legal system:
⚖️ Legal System Overview
Mozambique follows a civil law system influenced by Portuguese law due to its colonial history. The interpretation of statutes is guided by codified laws, judicial practice, and constitutional principles.
📜 Key Legal Framework
Constitution of the Republic of Mozambique (2004)
Supreme law; all statutes must comply with it.
Provides the foundation for legal interpretation.
Civil Code and Penal Code
Based largely on Portuguese codes; establish general principles for legal interpretation.
Law on the Legal System
Regulates the production, publication, and application of laws.
Judicial Decisions and Legal Doctrine
Courts, especially the Supreme Court, interpret statutes; doctrine and scholarly writings aid interpretation.
🧠 Methods of Statutory Interpretation
Mozambican courts use traditional civil law methods:
Literal Interpretation
Giving effect to the clear and ordinary meaning of the statutory text.
Systematic Interpretation
Considering the provision in the context of the entire legal system.
Teleological (Purposive) Interpretation
Understanding the legislative intent and the law’s objectives.
Historical Interpretation
Consulting legislative history or preparatory materials where available.
Logical Interpretation
Using logic to resolve ambiguities or gaps.
🏛️ Judicial and Institutional Role
Supreme Court of Mozambique (Supremo Tribunal Administrativo e Supremo Tribunal Judicial)
Highest courts ensuring uniform interpretation.
Constitutional Council
Ensures laws conform to the Constitution.
Lower Courts
Apply interpretative principles in daily cases.
⚖️ Principles of Interpretation
Statutes must be interpreted in line with the Constitution and principles of justice, equity, and legal certainty.
Courts seek to uphold legislative intent and avoid absurd or contradictory interpretations.
Interpretation is guided by legal certainty and the protection of rights.
Summary Table
| Aspect | Details |
|---|---|
| Legal Tradition | Civil law (Portuguese influence) |
| Core Legal Texts | Constitution (2004), Civil Code, Penal Code |
| Interpretation Methods | Literal, Systematic, Teleological, Historical, Logical |
| Key Institutions | Supreme Court, Constitutional Council, Lower Courts |
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