Interpretation of Statutes at Paraguay
Here’s an overview of Interpretation of Statutes in Paraguay, a civil law country in South America:
⚖️ Interpretation of Statutes in Paraguay
Paraguay’s legal system follows the civil law tradition, influenced by Spanish and continental European legal principles. Statutory interpretation focuses on applying codified laws in light of their purpose and the broader legal system.
🔹 Legal Framework
The Constitution of Paraguay (1992) is the supreme law.
Laws are enacted by the National Congress.
Courts interpret statutes consistent with constitutional provisions and international treaties.
The Supreme Court of Justice is the highest judicial authority.
🔹 Principles of Statutory Interpretation
Literal Interpretation
The text’s ordinary and clear meaning is the primary guide.
Systematic Interpretation
Statutes are interpreted in the context of related laws and the overall legal system.
Teleological (Purposive) Interpretation
Courts consider the purpose and objectives of the statute to resolve ambiguities.
Historical Interpretation
Legislative history and preparatory works may be examined to clarify unclear provisions.
Constitutional Supremacy
Statutes must be consistent with the Constitution; courts can invalidate conflicting laws.
International Law Consideration
International treaties ratified by Paraguay have constitutional rank and influence interpretation.
🔹 Judicial Institutions
The Supreme Court of Justice has the final say in statutory interpretation.
Lower courts follow precedent within the civil law framework.
Constitutional Court reviews laws for constitutionality.
Summary:
In Paraguay, statutory interpretation follows civil law methods with emphasis on the literal meaning, supported by purposive and systematic approaches. Constitutional supremacy and international law obligations significantly influence how statutes are interpreted.
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