Interpretation of Statutes at São Tomé and Príncipe
Here’s an overview of Interpretation of Statutes in São Tomé and Príncipe:
Interpretation of Statutes in São Tomé and Príncipe
São Tomé and Príncipe follows a civil law system influenced primarily by Portuguese law, due to its colonial history. The interpretation of statutes is based on codified laws and constitutional principles, with courts playing a central role.
1. Legal Framework
The Constitution of São Tomé and Príncipe (1990) is the supreme law.
Statutes are enacted by the National Assembly.
The legal system is based on codified laws covering civil, criminal, commercial, and administrative matters.
Courts interpret and apply statutes in resolving disputes.
2. Who Interprets Statutes?
Judiciary: The Supreme Court and lower courts interpret statutes.
The Procuradoria-Geral da República (Attorney General’s Office) provides legal guidance.
Courts ensure laws comply with the Constitution.
3. Principles of Statutory Interpretation
Following the civil law tradition, courts use:
Literal Interpretation: Giving words their ordinary and natural meaning.
Systematic Interpretation: Reading laws in harmony with other statutes and legal principles.
Teleological Interpretation: Considering the purpose and objectives behind the statute.
Historical Interpretation: Looking into legislative history or preparatory materials.
Avoidance of Absurdity: Rejecting interpretations that lead to unreasonable or illogical outcomes.
4. Constitutional Supremacy
The Constitution is the highest legal authority.
Statutes conflicting with the Constitution may be declared invalid.
The judiciary can perform constitutional review.
5. Customary Law
Customary norms may still have some influence, especially in local community matters.
However, statutory law and the Constitution prevail in case of conflict.
Summary
São Tomé and Príncipe follows a civil law system inspired by Portuguese legal tradition.
Courts interpret statutes using literal, systematic, teleological, and historical methods.
Constitutional supremacy governs legal interpretation.
Customary law has limited influence and is subordinate to statutory law.
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