Interpretation of Statutes at Equatorial Guinea
Here’s an overview of Interpretation of Statutes in Equatorial Guinea, outlining how laws are understood and applied within its legal framework:
⚖️ Legal System Context
Equatorial Guinea’s legal system is a civil law system heavily influenced by the Spanish legal tradition, due to its colonial history.
The country’s legal framework includes codes, statutes, and decrees, with limited reliance on judicial precedent.
The Constitution of Equatorial Guinea (2011) is the supreme law.
📜 Principles of Statutory Interpretation
Literal Interpretation (Interpretación Literal)
The starting point is the ordinary meaning of the words in the statute.
Clear and unambiguous language is applied as written.
Systematic Interpretation
Laws are interpreted in the context of the entire legal system, ensuring coherence and avoiding contradictions with other statutes.
Teleological Interpretation (Interpretación Teleológica)
Where the meaning is unclear, the purpose and objectives of the law are considered to guide interpretation.
Historical Interpretation
Legislative history and preparatory works may be consulted to clarify ambiguous provisions.
Principle of Non-Contradiction
Interpretation avoids conflicts between statutes and ensures harmony within the legal system.
🏛️ Judicial Authorities
The Supreme Court (Tribunal Supremo) is the highest judicial body interpreting statutes.
Lower courts also interpret laws but must follow the guidance of higher courts.
Judicial decisions may not have binding precedent in the same way as common law, but influential rulings can guide future cases.
📚 Sources of Law and Interpretation
Constitution of Equatorial Guinea (2011)
Civil and Penal Codes, commercial laws, and other statutory instruments.
Government decrees and ministerial regulations.
Spanish legal doctrine and comparative law occasionally inform interpretation.
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