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CIA - The World Factbook 2002 -- Field Listing - Legal system  

  Field Listing - Legal system

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Country Legal system Afghanistan the Bonn Agreement calls for a judicial commission to rebuild the justice system in accordance with Islamic principles, international standards, the rule of law, and Afghan legal traditions Albania has not accepted compulsory ICJ jurisdiction Algeria socialist, based on French and Islamic law; judicial review of legislative acts in ad hoc Constitutional Council composed of various public officials, including several Supreme Court justices; has not accepted compulsory ICJ jurisdiction American Samoa NA Andorra based on French and Spanish civil codes; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Angola based on Portuguese civil law system and customary law; recently modified to accommodate political pluralism and increased use of free markets Anguilla based on English common law Antarctica Antarctica is administered through meetings of the consultative member nations. Decisions from these meetings are carried out by these member nations (within their areas) in accordance with their own national laws. US law, including certain criminal offenses by or against US nationals, such as murder, may apply extra-territorially. Some US laws directly apply to Antarctica. For example, the Antarctic Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation of statute: the taking of native mammals or birds; the introduction of nonindigenous plants and animals; entry into specially protected areas; the discharge or disposal of pollutants; and the importation into the US of certain items from Antarctica. Violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and one year in prison. The National Science Foundation and Department of Justice share enforcement responsibilities. Public Law 95-541, the US Antarctic Conservation Act of 1978, as amended in 1996, requires expeditions from the US to Antarctica to notify, in advance, the Office of Oceans, Room 5805, Department of State, Washington, DC 20520, which reports such plans to other nations as required by the Antarctic Treaty. For more information, contact Permit Office, Office of Polar Programs, National Science Foundation, Arlington, Virginia 22230; telephone: (703) 292-8030, or visit their website at www.nsf.gov. Antigua and Barbuda based on English common law Argentina mixture of US and West European legal systems; has not accepted compulsory ICJ jurisdiction Armenia based on civil law system Aruba based on Dutch civil law system, with some English common law influence Ashmore and Cartier Islands the laws of the Commonwealth of Australia and the laws of the Northern Territory of Australia, where applicable, apply Australia based on English common law; accepts compulsory ICJ jurisdiction, with reservations Austria civil law system with Roman law origin; judicial review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; accepts compulsory ICJ jurisdiction Azerbaijan based on civil law system Bahamas, The based on English common law Bahrain based on Islamic law and English common law Baker Island the laws of the US, where applicable, apply Bangladesh based on English common law Barbados English common law; no judicial review of legislative acts Bassas da India the laws of France, where applicable, apply Belarus based on civil law system Belgium civil law system influenced by English constitutional theory; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations Belize English law Benin based on French civil law and customary law; has not accepted compulsory ICJ jurisdiction Bermuda English law Bhutan based on Indian law and English common law; has not accepted compulsory ICJ jurisdiction Bolivia based on Spanish law and Napoleonic Code; has not accepted compulsory ICJ jurisdiction Bosnia and Herzegovina based on civil law system Botswana based on Roman-Dutch law and local customary law; judicial review limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction Bouvet Island the laws of Norway, where applicable, apply Brazil based on Roman codes; has not accepted compulsory ICJ jurisdiction British Indian Ocean Territory the laws of the UK, where applicable, apply British Virgin Islands English law Brunei based on English common law; for Muslims, Islamic Shari'a law supersedes civil law in a number of areas Bulgaria civil law and criminal law based on Roman law; accepts compulsory ICJ jurisdiction Burkina Faso based on French civil law system and customary law Burma has not accepted compulsory ICJ jurisdiction Burundi based on German and Belgian civil codes and customary law; has not accepted compulsory ICJ jurisdiction Cambodia primarily a civil law mixture of French-influenced codes from the United Nations Transitional Authority in Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of communist legal theory; increasing influence of common law in recent years Cameroon based on French civil law system, with common law influence; has not accepted compulsory ICJ jurisdiction Canada based on English common law, except in Quebec, where civil law system based on French law prevails; accepts compulsory ICJ jurisdiction, with reservations Cape Verde derived from the legal system of Portugal Cayman Islands British common law and local statutes Central African Republic based on French law Chad based on French civil law system and Chadian customary law; has not accepted compulsory ICJ jurisdiction Chile based on Code of 1857 derived from Spanish law and subsequent codes influenced by French and Austrian law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction

note: Chile is in the process of completely overhauling its criminal justice system; a new, US-style adversarial system is being gradually implemented throughout the country China a complex amalgam of custom and statute, largely criminal law; rudimentary civil code in effect since 1 January 1987; new legal codes in effect since 1 January 1980; continuing efforts are being made to improve civil, administrative, criminal, and commercial law Christmas Island under the authority of the governor general of Australia and Australian law Clipperton Island the laws of France, where applicable, apply Cocos (Keeling) Islands based upon the laws of Australia and local laws Colombia based on Spanish law; a new criminal code modeled after US procedures was enacted in 1992-93; judicial review of executive and legislative acts; accepts compulsory ICJ jurisdiction, with reservations Comoros French and Muslim law in a new consolidated code Congo, Democratic Republic of the based on Belgian civil law system and tribal law; has not accepted compulsory ICJ jurisdiction Congo, Republic of the based on French civil law system and customary law Cook Islands based on New Zealand law and English common law Coral Sea Islands the laws of Australia, where applicable, apply Costa Rica based on Spanish civil law system; judicial review of legislative acts in the Supreme Court; has accepted compulsory ICJ jurisdiction Cote d'Ivoire based on French civil law system and customary law; judicial review in the Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction Croatia based on civil law system Cuba based on Spanish and American law, with large elements of Communist legal theory; has not accepted compulsory ICJ jurisdiction Cyprus based on common law, with civil law modifications Czech Republic civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to bring it in line with Organization on Security and Cooperation in Europe (OSCE) obligations and to expunge Marxist-Leninist legal theory Denmark civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations Djibouti based on French civil law system, traditional practices, and Islamic law Dominica based on English common law Dominican Republic based on French civil codes East Timor NA Ecuador based on civil law system; has not accepted compulsory ICJ jurisdiction Egypt based on English common law, Islamic law, and Napoleonic codes; judicial review by Supreme Court and Council of State (oversees validity of administrative decisions); accepts compulsory ICJ jurisdiction, with reservations El Salvador based on civil and Roman law, with traces of common law; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction, with reservations Equatorial Guinea partly based on Spanish civil law and tribal custom Eritrea primary basis is the Ethiopian legal code of 1957, with revisions; new civil, commercial, and penal codes have not yet been promulgated; also relies on customary and post-independence-enacted laws and, for civil cases involving Muslims, Sharia law Estonia based on civil law system; no judicial review of legislative acts Ethiopia currently transitional mix of national and regional courts Europa Island the laws of France, where applicable, apply Falkland Islands (Islas Malvinas) English common law Faroe Islands Danish Fiji based on British system Finland civil law system based on Swedish law; Supreme Court may request legislation interpreting or modifying laws; accepts compulsory ICJ jurisdiction, with reservations France civil law system with indigenous concepts; review of administrative but not legislative acts French Guiana French legal system French Polynesia based on French system French Southern and Antarctic Lands the laws of France, where applicable, apply Gabon based on French civil law system and customary law; judicial review of legislative acts in Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction Gambia, The based on a composite of English common law, Koranic law, and customary law; accepts compulsory ICJ jurisdiction, with reservations Georgia based on civil law system Germany civil law system with indigenous concepts; judicial review of legislative acts in the Federal Constitutional Court; has not accepted compulsory ICJ jurisdiction Ghana based on English common law and customary law; has not accepted compulsory ICJ jurisdiction Gibraltar English law Glorioso Islands the laws of France, where applicable, apply Greece based on codified Roman law; judiciary divided into civil, criminal, and administrative courts Greenland Danish Grenada based on English common law Guadeloupe French legal system Guam modeled on US; US federal laws apply Guatemala civil law system; judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Guernsey English law and local statute; justice is administered by the Royal Court Guinea based on French civil law system, customary law, and decree; legal codes currently being revised; has not accepted compulsory ICJ jurisdiction Guinea-Bissau NA Guyana based on English common law with certain admixtures of Roman-Dutch law; has not accepted compulsory ICJ jurisdiction Haiti based on Roman civil law system; accepts compulsory ICJ jurisdiction Heard Island and McDonald Islands the laws of Australia, where applicable, apply Holy See (Vatican City) based on canon law and revisions to it Honduras rooted in Roman and Spanish civil law with increasing influence of English common law; recent judicial reforms include abandoning Napoleonic legal codes in favor of the oral adversarial system; accepts ICJ jurisdiction, with reservations Hong Kong based on English common law Howland Island the laws of the US, where applicable, apply Hungary rule of law based on Western model Iceland civil law system based on Danish law; has not accepted compulsory ICJ jurisdiction India based on English common law; limited judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations Indonesia based on Roman-Dutch law, substantially modified by indigenous concepts and by new criminal procedures code; has not accepted compulsory ICJ jurisdiction Iran the Constitution codifies Islamic principles of government Iraq based on Islamic law in special religious courts, civil law system elsewhere; has not accepted compulsory ICJ jurisdiction Ireland based on English common law, substantially modified by indigenous concepts; judicial review of legislative acts in Supreme Court; has not accepted compulsory ICJ jurisdiction Israel mixture of English common law, British Mandate regulations, and, in personal matters, Jewish, Christian, and Muslim legal systems; in December 1985, Israel informed the UN Secretariat that it would no longer accept compulsory ICJ jurisdiction Italy based on civil law system; appeals treated as new trials; judicial review under certain conditions in Constitutional Court; has not accepted compulsory ICJ jurisdiction Jamaica based on English common law; has not accepted compulsory ICJ jurisdiction Jan Mayen the laws of Norway, where applicable, apply Japan modeled after European civil law system with English-American influence; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction, with reservations Jarvis Island the laws of the US, where applicable, apply Jersey English law and local statute Johnston Atoll the laws of the US, where applicable, apply Jordan based on Islamic law and French codes; judicial review of legislative acts in a specially provided High Tribunal; has not accepted compulsory ICJ jurisdiction Juan de Nova Island the laws of France, where applicable, apply Kazakhstan based on civil law system Kenya based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law; judicial review in High Court; accepts compulsory ICJ jurisdiction, with reservations; constitutional amendment of 1982 making Kenya a de jure one-party state repealed in 1991 Kingman Reef the laws of the US, where applicable, apply Kiribati NA Korea, North based on German civil law system with Japanese influences and Communist legal theory; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Korea, South combines elements of continental European civil law systems, Anglo-American law, and Chinese classical thought Kuwait civil law system with Islamic law significant in personal matters; has not accepted compulsory ICJ jurisdiction Kyrgyzstan based on civil law system Laos based on traditional customs, French legal norms and procedures, and Socialist practice Latvia based on civil law system Lebanon mixture of Ottoman law, canon law, Napoleonic code, and civil law; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Lesotho based on English common law and Roman-Dutch law; judicial review of legislative acts in High Court and Court of Appeal; has not accepted compulsory ICJ jurisdiction Liberia dual system of statutory law based on Anglo-American common law for the modern sector and customary law based on unwritten tribal practices for indigenous sector Libya based on Italian civil law system and Islamic law; separate religious courts; no constitutional provision for judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Liechtenstein local civil and penal codes; accepts compulsory ICJ jurisdiction, with reservations Lithuania based on civil law system; legislative acts can be appealed to the constitutional court Luxembourg based on civil law system; accepts compulsory ICJ jurisdiction Macau based on Portuguese civil law system Macedonia, The Former Yugoslav Republic of based on civil law system; judicial review of legislative acts Madagascar based on French civil law system and traditional Malagasy law; has not accepted compulsory ICJ jurisdiction Malawi based on English common law and customary law; judicial review of legislative acts in the Supreme Court of Appeal; has not accepted compulsory ICJ jurisdiction Malaysia based on English common law; judicial review of legislative acts in the Supreme Court at request of supreme head of the federation; has not accepted compulsory ICJ jurisdiction Maldives based on Islamic law with admixtures of English common law primarily in commercial matters; has not accepted compulsory ICJ jurisdiction Mali based on French civil law system and customary law; judicial review of legislative acts in Constitutional Court (which was formally established on 9 March 1994); has not accepted compulsory ICJ jurisdiction Malta based on English common law and Roman civil law; accepts compulsory ICJ jurisdiction, with reservations Man, Isle of English common law and Manx statute Marshall Islands based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws Martinique French legal system Mauritania a combination of Shari'a (Islamic law) and French civil law Mauritius based on French civil law system with elements of English common law in certain areas Mayotte French law Mexico mixture of US constitutional theory and civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations Micronesia, Federated States of based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws Midway Islands the laws of the US, where applicable, apply Moldova based on civil law system; Constitutional Court reviews legality of legislative acts and governmental decisions of resolution; it is unclear if Moldova accepts compulsory ICJ jurisdiction but accepts many UN and Organization for Security and Cooperation in Europe (OSCE) documents Monaco based on French law; has not accepted compulsory ICJ jurisdiction Mongolia blend of Russian, Chinese, Turkish, and Western systems of law that combines aspects of a parliamentary system with some aspects of a presidential system; constitution ambiguous on judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction Montserrat English common law and statutory law Morocco based on Islamic law and French and Spanish civil law system; judicial review of legislative acts in Constitutional Chamber of Supreme Court Mozambique based on Portuguese civil law system and customary law Namibia based on Roman-Dutch law and 1990 constitution Nauru acts of the Nauru Parliament and British common law Navassa Island the laws of the US, where applicable, apply Nepal based on Hindu legal concepts and English common law; has not accepted compulsory ICJ jurisdiction Netherlands civil law system incorporating French penal theory; constitution does not permit judicial review of acts of the States General; accepts compulsory ICJ jurisdiction, with reservations Netherlands Antilles based on Dutch civil law system, with some English common law influence New Caledonia the 1988 Matignon Accords grant substantial autonomy to the islands; formerly under French law New Zealand based on English law, with special land legislation and land courts for Maoris; accepts compulsory ICJ jurisdiction, with reservations Nicaragua civil law system; Supreme Court may review administrative acts Niger based on French civil law system and customary law; has not accepted compulsory ICJ jurisdiction Nigeria based on English common law, Islamic Shariah law (only in some northern states), and traditional law Niue English common law

note: Niue is self-governing, with the power to make its own laws Norfolk Island based on the laws of Australia, local ordinances and acts; English common law applies in matters not covered by either Australian or Norfolk Island law Northern Mariana Islands based on US system, except for customs, wages, immigration laws, and taxation Norway mixture of customary law, civil law system, and common law traditions; Supreme Court renders advisory opinions to legislature when asked; accepts compulsory ICJ jurisdiction, with reservations Oman based on English common law and Islamic law; ultimate appeal to the monarch; has not accepted compulsory ICJ jurisdiction Pakistan based on English common law with provisions to accommodate Pakistan's status as an Islamic state; accepts compulsory ICJ jurisdiction, with reservations Palau based on Trust Territory laws, acts of the legislature, municipal, common, and customary laws Palmyra Atoll the laws of the US, where applicable, apply Panama based on civil law system; judicial review of legislative acts in the Supreme Court of Justice; accepts compulsory ICJ jurisdiction, with reservations Papua New Guinea based on English common law Paraguay based on Argentine codes, Roman law, and French codes; judicial review of legislative acts in Supreme Court of Justice Peru based on civil law system; has not accepted compulsory ICJ jurisdiction Philippines based on Spanish and Anglo-American law; accepts compulsory ICJ jurisdiction, with reservations Pitcairn Islands local island by-laws Poland mixture of Continental (Napoleonic) civil law and holdover Communist legal theory; changes being gradually introduced as part of broader democratization process; limited judicial review of legislative acts although under the new constitution, the Constitutional Tribunal ruling will become final as of October 1999; court decisions can be appealed to the European Court of Justice in Strasbourg Portugal civil law system; the Constitutional Tribunal reviews the constitutionality of legislation; accepts compulsory ICJ jurisdiction, with reservations Puerto Rico based on Spanish civil code and adapted US state laws Qatar discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law dominates family and personal matters Reunion French law Romania former mixture of civil law system and communist legal theory; is now based on the constitution of France's Fifth Republic Russia based on civil law system; judicial review of legislative acts Rwanda based on German and Belgian civil law systems and customary law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction Saint Helena NA Saint Kitts and Nevis based on English common law Saint Lucia based on English common law Saint Pierre and Miquelon French law with special adaptations for local conditions, such as housing and taxation Saint Vincent and the Grenadines based on English common law Samoa based on English common law and local customs; judicial review of legislative acts with respect to fundamental rights of the citizen; has not accepted compulsory ICJ jurisdiction San Marino based on civil law system with Italian law influences; has not accepted compulsory ICJ jurisdiction Sao Tome and Principe based on Portuguese legal system and customary law; has not accepted compulsory ICJ jurisdiction Saudi Arabia based on Islamic law, several secular codes have been introduced; commercial disputes handled by special committees; has not accepted compulsory ICJ jurisdiction Senegal based on French civil law system; judicial review of legislative acts in Constitutional Court; the Council of State audits the government's accounting office; has not accepted compulsory ICJ jurisdiction Serbia and Montenegro based on civil law system Seychelles based on English common law, French civil law, and customary law Sierra Leone based on English law and customary laws indigenous to local tribes; has not accepted compulsory ICJ jurisdiction Singapore based on English common law; has not accepted compulsory ICJ jurisdiction Slovakia civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to comply with the obligations of Organization on Security and Cooperation in Europe (OSCE) and to expunge Marxist-Leninist legal theory Slovenia based on civil law system Solomon Islands English common law, which is widely disregarded Somalia no national system; Shari'a and secular courts are in some localities South Africa based on Roman-Dutch law and English common law; accepts compulsory ICJ jurisdiction, with reservations South Georgia and the South Sandwich Islands the laws of the UK, where applicable, apply; the senior magistrate from the Falkland Islands presides over the Magistrates Court Spain civil law system, with regional applications; has not accepted compulsory ICJ jurisdiction Sri Lanka a highly complex mixture of English common law, Roman-Dutch, Muslim, Sinhalese, and customary law; has not accepted compulsory ICJ jurisdiction Sudan based on English common law and Islamic law; as of 20 January 1991, the now defunct Revolutionary Command Council imposed Islamic law in the northern states; Islamic law applies to all residents of the northern states regardless of their religion; some separate religious courts; accepts compulsory ICJ jurisdiction, with reservations Suriname based on Dutch legal system incorporating French penal theory Svalbard NA Swaziland based on South African Roman-Dutch law in statutory courts and Swazi traditional law and custom in traditional courts; has not accepted compulsory ICJ jurisdiction Sweden civil law system influenced by customary law; accepts compulsory ICJ jurisdiction, with reservations Switzerland civil law system influenced by customary law; judicial review of legislative acts, except with respect to federal decrees of general obligatory character; accepts compulsory ICJ jurisdiction, with reservations Syria based on Islamic law and civil law system; special religious courts; has not accepted compulsory ICJ jurisdiction Taiwan based on civil law system; accepts compulsory ICJ jurisdiction, with reservations Tajikistan based on civil law system; no judicial review of legislative acts Tanzania based on English common law; judicial review of legislative acts limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction Thailand based on civil law system, with influences of common law; has not accepted compulsory ICJ jurisdiction Togo French-based court system Tokelau New Zealand and local statutes Tonga based on English law Trinidad and Tobago based on English common law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction Tromelin Island the laws of France, where applicable, apply Tunisia based on French civil law system and Islamic law; some judicial review of legislative acts in the Supreme Court in joint session Turkey derived from various European continental legal systems; accepts compulsory ICJ jurisdiction, with reservations Turkmenistan based on civil law system Turks and Caicos Islands based on laws of England and Wales, with a few adopted from Jamaica and The Bahamas Tuvalu NA Uganda in 1995, the government restored the legal system to one based on English common law and customary law; accepts compulsory ICJ jurisdiction, with reservations Ukraine based on civil law system; judicial review of legislative acts United Arab Emirates federal court system introduced in 1971; all emirates except Dubayy (Dubai) and Ra's al Khaymah are not fully integrated into the federal system; all emirates have secular and Islamic law for civil, criminal, and high courts United Kingdom common law tradition with early Roman and modern continental influences; no judicial review of Acts of Parliament; accepts compulsory ICJ jurisdiction, with reservations; British courts and legislation are increasingly subject to review by European Union courts United States based on English common law; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations Uruguay based on Spanish civil law system; accepts compulsory ICJ jurisdiction Uzbekistan evolution of Soviet civil law; still lacks independent judicial system Vanuatu unified system being created from former dual French and British systems Venezuela based on organic laws as of July 1999; open, adversarial court system; has not accepted compulsory ICJ jurisdiction Vietnam based on communist legal theory and French civil law system Virgin Islands based on US laws Wake Island the laws of the US, where applicable, apply Wallis and Futuna French legal system World all members of the UN plus Switzerland are parties to the statute that established the International Court of Justice (ICJ) or World Court Yemen based on Islamic law, Turkish law, English common law, and local tribal customary law; has not accepted compulsory ICJ jurisdiction Zambia based on English common law and customary law; judicial review of legislative acts in an ad hoc constitutional council; has not accepted compulsory ICJ jurisdiction Zimbabwe mixture of Roman-Dutch and English common law This page was last updated on 19 March 2003