Interpretation of Statutes at Western Sahara
Interpretation of Statutes in Western Sahara – Overview
Western Sahara is a disputed territory with limited self-governance, primarily claimed and administered by Morocco, though the Sahrawi Arab Democratic Republic (SADR) also claims sovereignty. The legal system in Western Sahara is influenced largely by Moroccan law in areas under Moroccan control, while the SADR follows a separate framework. Due to the political status, statutory interpretation is complex and varies depending on the controlling authority.
1. Legal Framework
In areas controlled by Morocco, Moroccan law applies, including the Moroccan Constitution and statutes.
In territories controlled by the SADR (Polisario Front), a provisional legal system exists based on Sahrawi declarations and customary law.
There is no internationally recognized unified legal system for Western Sahara.
Interpretation of statutes depends on whether Moroccan or SADR legal authorities exercise control.
2. Methods of Statutory Interpretation (Under Moroccan Control)
🔹 Literal Interpretation
Courts follow the plain meaning of statutory language based on Moroccan codes.
🔹 Systematic Interpretation
Statutes are interpreted in the context of Moroccan legal codes and constitutional provisions.
🔹 Purposive Interpretation
Judicial interpretation considers legislative intent, especially in ambiguous cases.
3. Interpretation under SADR Control
Statutory interpretation is less formalized and may involve customary Sahrawi law and principles from international law.
Focus is on local customary norms and political declarations.
4. Judicial Authority
In Moroccan-administered areas, the Moroccan judiciary has authority.
SADR areas have their own local judicial bodies but limited international recognition.
5. Summary Table
| Interpretation Context | Description |
|---|---|
| Moroccan-Controlled Areas | Interpretation per Moroccan civil law principles |
| SADR-Controlled Areas | Customary law and political framework guide interpretation |
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