Interpretation of Statutes at Suriname
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Interpretation of Statutes in Suriname
Suriname follows a civil law system largely influenced by Dutch law, given its colonial history as a former Dutch colony. The principles of statutory interpretation in Suriname reflect this civil law tradition, emphasizing codified statutes and systematic legal reasoning.
Key Principles of Statutory Interpretation in Suriname:
Literal/Textual Interpretation:
The primary approach is to apply the plain and ordinary meaning of the words in the statute. The language of the law is the starting point for interpretation.
Systematic Interpretation:
Statutes are interpreted in the context of the entire legal code and related laws to maintain coherence and consistency within the legal system.
Teleological or Purpose-Oriented Interpretation:
When the wording is ambiguous or leads to unclear results, courts look at the object and purpose of the legislation to guide interpretation.
Use of Legislative History and Preparatory Works:
Courts may consult parliamentary debates, official reports, and other preparatory materials to ascertain legislative intent when needed.
Avoidance of Absurdity:
Interpretations that lead to unreasonable or absurd results inconsistent with the law’s purpose are avoided.
Hierarchical Application of Law:
Interpretation must align with constitutional provisions, including fundamental rights, which have supremacy over ordinary statutes.
Influence of Dutch Jurisprudence:
Given Suriname’s legal ties to Dutch law, Dutch legal principles, scholarship, and case law can be persuasive, especially in areas lacking local jurisprudence.
Limited Role of Precedent:
As a civil law jurisdiction, judicial decisions do not have binding precedent but serve as guidance for future cases.
Summary
In Suriname, statutory interpretation follows the civil law tradition rooted in Dutch legal principles, emphasizing the literal meaning of statutory text, the systematic context, and the legislative purpose. Courts also respect constitutional supremacy and may refer to legislative history or Dutch jurisprudence to clarify ambiguities.
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