Jurisprudence Law at Aruba (Netherlands)
Jurisprudence Law in Aruba (Netherlands)
Aruba is a constituent country within the Kingdom of the Netherlands, and its legal system is based on Dutch civil law tradition with local adaptations. Here's an overview of jurisprudence (legal theory) and the structure of law in Aruba:
🏛️ Legal System Overview:
Type: Civil law system (derived from the Dutch legal system)
Influence: Primarily based on the Dutch Civil Code (Burgerlijk Wetboek), with influences from Roman-Dutch and international law.
Autonomy: Aruba has its own parliament (Staten van Aruba) and judiciary, but remains under the Kingdom of the Netherlands, especially for defense and foreign affairs.
⚖️ Sources of Law in Aruba:
Aruban Constitution (Staatsregeling van Aruba) – Fundamental rights and structure of government.
Statutory Laws – Created by Aruba’s Parliament.
Kingdom Statutes (Rijkswetten) – Applicable to all countries in the Kingdom (e.g., immigration, defense, nationality).
International Treaties – Ratified treaties can be binding.
Case Law (Jurisprudence) – While Aruba is a civil law country (case law is not binding), judicial decisions carry interpretative weight.
🧑⚖️ Judiciary:
Aruba is part of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba.
Supreme Court (Hoge Raad) in The Hague serves as the highest court for Aruba (cassation court).
Lower courts include courts of first instance.
📚 Legal Education & Jurisprudence:
Legal education often follows the Dutch model, and many Aruban lawyers study law in the Netherlands.
Jurisprudence as a discipline involves legal philosophy, methodology, and interpretation, and is commonly taught at Dutch and regional Caribbean universities.
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