Interpretation of Statutes at San Marino
Here’s an overview of Interpretation of Statutes in San Marino:
Interpretation of Statutes in San Marino
San Marino, one of the world’s oldest republics, follows a civil law system rooted in European continental legal traditions. Statutory interpretation is guided by codified laws, constitutional provisions, and principles common to civil law jurisdictions.
1. Legal Framework
The Constitutional Charter of San Marino (Leges Statutae Republicae Sancti Marini) is the fundamental law.
Statutes are enacted by the Grand and General Council (legislature).
The legal system relies heavily on codified statutes and regulations.
Courts interpret statutes to resolve disputes and apply laws.
2. Who Interprets Statutes?
Judiciary: Courts at various levels, including the Council of XII and other judicial bodies, interpret statutes.
The Captains Regent (heads of state) oversee the constitutional order but do not interpret statutes judicially.
The judiciary ensures laws conform to the Constitution.
3. Principles of Statutory Interpretation
Following civil law traditions, San Marino applies:
Literal Interpretation: Giving words their ordinary and natural meaning.
Systematic Interpretation: Understanding statutes in the context of the entire legal framework.
Teleological Interpretation: Considering the purpose and objectives behind the law.
Historical Interpretation: Consulting preparatory works to understand legislative intent.
Avoidance of Absurdity: Rejecting interpretations that lead to unreasonable results.
4. Role of Constitutional Review
Courts ensure that statutes comply with the Constitutional Charter.
San Marino lacks a formal constitutional court but judicial review occurs within the judiciary.
Constitutional supremacy guides interpretation.
5. Customary Law
Customary practices may influence interpretation but are secondary to written law.
The legal system primarily relies on codified laws.
Summary
San Marino applies civil law principles to interpret statutes.
Courts use literal, systematic, teleological, and historical methods.
Statutes must comply with the Constitutional Charter.
Judicial bodies interpret laws within the constitutional framework.
Customary law plays a limited role.
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