COUNTRY Legal SYSTEM Profiles
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Proelium Law’s Country System Profiles provide an overview of the legal system, business sector and the country itself for countries deemed to be complex environments or high risk jurisdictions.
We update our Country Profiles on a regular basis, however, if you have any specific queries please do get in touch at email@example.com and we will be happy to advise.
The Colombian legal system is one of civil law. The Colombian hierarchy of laws is typical of civil law jurisdictions. The Constitution is the supreme national law and its provisions apply over any incompatibility between the Constitution and other legal regulations.
The legal system in Turkmenistan is a civil law system, with Islamic law influences. There is an established hierarchy of laws, with the Constitution being supreme and followed by Constitutional laws, codes, ordinary law, presidential decrees and resolutions by the National Assembly.
The legal system in Afghanistan is a mix of civil, customary (such as Pashtunwali) and Islamic Sharia law; the application of these depends on local acceptance of central legislation and state authority. The system is made up of the Constitution, state codes, state laws, decrees and regulations.
Iraq’s legal system contains both civil law in the form of statutes and regulations and Sharia law. The Iraqi Constitution of 2005 is supreme and any legal text that contradicts the Constitution is ‘considered void’. It also acts as the guarantor of the unity of Iraq. Islam plays a key role within Iraq’s legal system
Syria’s legal system is classed as one of civil law combined with Islamic law for matters of personal status. The Constitution of 2012 is supreme and all laws passed must be deemed constitutional. The Constitution also confirms the role of Islam in the state: being the religion of the President as well as a major source of legislation.
The current legal system of Libya has been described as ‘in flux and driven by state and non-state entities’ and there are no laws applied consistently across the entirety of the country. The Constitution of 2011 is no longer applicable to the current political situation, but in July 2017 a new draft Constitution was created.
Nigeria has a mixed legal system comprising of English common law, Sharia and customary law. The 1999 Constitution, is the supreme law of Nigeria, prevailing over all other sources; Laws that are inconsistent with the Constitution are void as to the extent of the inconsistency.
The South Sudanese legal system is built upon both customary and statutory law and has a clear hierarchy of law as specified in the South Sudanese Transitional Constitution. The sources of legislation stem from the supreme law of the Constitution, written statutory law, the customs and traditions of the South Sudanese people as well as the will of the people.
The Yemeni legal system is a mixed system of Islamic Law, Napoleonic law, customary law and English common law, although the system is, in reality, in flux. The constitution is supreme in Yemen, which is explicitly stated in the 2015 Draft Constitution. Nevertheless, this was rejected by the Houthi side, who prefer a two-region solution which allows them to dominate northern Yemen, over the proposed six-region federal system.
The Somali legal system is mixed, consisting of civil, Sharia and customary law. The Provisional Constitution of the Federal Republic of Somalia defines the hierarchy of laws in Somalia and confirms the role of Islam in the state. Article 4 states that ‘after the Shari’ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country’.
Pakistan follows a common law legal system with significant Islamic law influences. Whilst the Constitution is Pakistan’s supreme law, the role of Islam is also enshrined in the Constitution. Islam is declared the state religion, whilst Part IX of the Constitution defines the Islamic Provisions which are fundamental to the State of Pakistan.