Interpretation of Statutes at Nicaragua
Interpretation of Statutes in Nicaragua
1. Legal System Overview
Nicaragua follows a civil law system, primarily based on the Spanish legal tradition.
The Political Constitution of Nicaragua (Constitución Política) is the supreme law.
Statutory law is enacted by the National Assembly (Asamblea Nacional).
The legal system relies heavily on codified statutes rather than judicial precedent.
2. Sources of Law
Constitution
Codes and statutes (e.g., Civil Code, Penal Code)
Regulations and decrees
International treaties ratified by Nicaragua
3. Principles of Statutory Interpretation
Nicaraguan courts apply classical civil law interpretative methods:
a. Literal Interpretation
The primary method is the interpretation of the statute’s textual meaning.
The words of the law are given their ordinary meaning unless clearly defined otherwise.
b. Systematic Interpretation
Statutes are interpreted in the context of the entire legal system and in harmony with other laws.
c. Historical Interpretation
Courts may look at the legislative history, including preparatory works and prior statutes.
d. Teleological (Purpose-based) Interpretation
The intent and purpose of the legislature behind the statute are considered.
4. Judicial Authorities
The Supreme Court of Justice (Corte Suprema de Justicia) is the highest judicial authority.
Lower courts interpret statutes within their jurisdiction but may be guided by Supreme Court rulings.
5. Use of Extrinsic Materials
Courts may consult:
Legislative debates and preparatory documents
Doctrinal writings by legal scholars
Comparative law when applicable
6. Constitutional Supremacy
Statutes must comply with the Constitution.
The Constitutional Court (Sala Constitucional) can review statutes for constitutionality.
7. Challenges
Ensuring uniform interpretation across courts.
Balancing formal codified laws with customary or social practices.
Handling ambiguities in older or less detailed statutes.
Summary Table
| Aspect | Details |
|---|---|
| Legal System | Civil law (Spanish tradition) |
| Statutory Authority | National Assembly |
| Interpretation Principles | Literal, systematic, historical, teleological |
| Courts | Supreme Court of Justice (highest), lower courts |
| Constitutional Review | Constitutional Court supervises constitutionality |
| Extrinsic Materials | Legislative history, scholarly writings |
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