Interpretation of Statutes at Panama
Here’s an overview of Interpretation of Statutes in Panama, focusing on the legal framework and principles guiding statutory interpretation:
⚖️ Interpretation of Statutes in Panama
1. Legal System Context
Panama follows a civil law system influenced by Spanish legal traditions and the Napoleonic Code.
The Political Constitution of Panama (1972, amended) is the supreme law.
The legal system is codified, and laws are interpreted primarily through codes and statutes.
2. Legal Framework for Interpretation
The Civil Code, Code of Civil Procedure, and other legislative codes provide rules on interpretation.
No separate “Interpretation Act” exists, but principles are integrated within broader codes.
The Supreme Court of Panama (Corte Suprema de Justicia) is the highest authority in legal interpretation.
3. Principles of Statutory Interpretation
Literal (Grammatical) Interpretation:
Courts start with the ordinary meaning of the statute’s text.
Systematic Interpretation:
Statutes are interpreted within the broader legal system, considering other related laws.
Teleological (Purposive) Interpretation:
Courts consider the purpose and objectives of the law to guide interpretation.
Historical Interpretation:
Legislative history and preparatory documents may be consulted to clarify ambiguous provisions.
Constitutional Conformity:
Statutes must be read in harmony with the Constitution and fundamental rights.
4. Judicial Practice
The Supreme Court issues binding interpretations and resolves conflicts in statutory meaning.
Lower courts follow Supreme Court jurisprudence.
Courts may refer to international treaties ratified by Panama when interpreting statutes.
5. Constitutional Supremacy
The Constitution of Panama overrides conflicting statutes.
Courts ensure interpretations respect constitutional protections and principles.
Summary
Panama’s statutory interpretation follows a civil law tradition emphasizing literal, systematic, and purposive approaches, guided by constitutional supremacy and judicial precedent.
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