Judgment Reviews Law at Suriname
Suriname's legal system, which is based on Dutch civil law, provides for a clear structure for the review of judgments. The judicial system is independent and organized into a three-tiered structure, with the highest court being the Court of Justice of Suriname.
Structure of the Judiciary
Cantonal Courts: These are the courts of first instance, hearing a wide range of civil, criminal, and administrative cases.
Court of Justice of Suriname: This is the highest court in the country and serves as both a court of appeal and a court of cassation. It reviews decisions from the lower cantonal courts.
Caribbean Court of Justice (CCJ): While not the final court of appeal for domestic matters, Suriname is a member of CARICOM and the CCJ has jurisdiction over matters concerning the interpretation and application of the Revised Treaty of Chaguaramas. Suriname has not yet, however, adopted the CCJ as its final court of appeal for domestic cases.
Appeal and Review Process
The main mechanisms for reviewing judgments in Suriname are:
Appeal: A party can appeal a judgment from a cantonal court to the Court of Justice of Suriname. The Court of Justice, acting in its appellate capacity, will review the case on both factual and legal grounds. It can uphold, modify, or overturn the original decision. The right to appeal is a fundamental right in the Surinamese legal system.
Cassation: The Court of Justice can also act as a court of cassation. In this role, it does not re-examine the facts of the case, but rather focuses on reviewing the correct application of the law by the lower court. This is a remedy for legal errors and procedural violations.
Constitutional Review
The Constitution of Suriname provides for a Constitutional Court, whose main function is to determine the constitutionality of laws and regulations. The existence of this court is a key aspect of Suriname's legal system, as it provides a mechanism to ensure that legislation is in compliance with the Constitution.
International Jurisprudence
Suriname is a signatory to international human rights treaties and conventions, and its legal system has been subject to review by international bodies. Most notably, the Inter-American Court of Human Rights has issued several key judgments against Suriname, particularly concerning the land rights of indigenous and tribal communities. While these are international judgments, they have a significant impact on Surinamese law and policy, and the government is under obligation to implement the Court's decisions.
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