Cuban Legal System
Encyclopedia
The judicial branch
of Cuba
is one of three branches of the Cuban government.
Shortly after the triumph of the Cuban Revolution
, the Cuban government adopted as its guiding force the ideas of Marxism-Leninism
and sought to build a socialist society in accordance with these principles. In order to do this, the existing political and economic structure had to be dismantled, and with it, the nation's laws and legal system. Gradually, a new legal system arose, based heavily on communist legal theory
.
. It has been contended that the judiciary lacks independence and is subordinate to the executive branch of government.
The original legal system in Cuba was a reflection of its status as a Spanish
colony. Even after the nation received its independence in 1902, vestiges of Spanish law remained in effect - for example, the Civil Code remained in effect, with modifications, until 1987. The period of United States
occupation and influence resulted in developments such as the Supreme Court of Cuba
. After the Cuban Revolution
, the legal system underwent a series of radical transformations, both in terms of its structure and also in terms of the laws it promulgated. After a variety of experimental tribunals and projects, the legal system was institutionalized in 1976, with the adoption of a new Constitution
. In the intervening years, changes have continued to occur.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
is one of three branches of the Cuban government.
Shortly after the triumph of the Cuban Revolution
Cuban Revolution
The Cuban Revolution was an armed revolt by Fidel Castro's 26th of July Movement against the regime of Cuban dictator Fulgencio Batista between 1953 and 1959. Batista was finally ousted on 1 January 1959, and was replaced by a revolutionary government led by Castro...
, the Cuban government adopted as its guiding force the ideas of Marxism-Leninism
Marxism-Leninism
Marxism–Leninism is a communist ideology, officially based upon the theories of Marxism and Vladimir Lenin, that promotes the development and creation of a international communist society through the leadership of a vanguard party over a revolutionary socialist state that represents a dictatorship...
and sought to build a socialist society in accordance with these principles. In order to do this, the existing political and economic structure had to be dismantled, and with it, the nation's laws and legal system. Gradually, a new legal system arose, based heavily on communist legal theory
Socialist law
Socialist law denotes a general type of legal system which has been used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a...
.
Constitutions of Cuba
Since Cuba's formal independence, it has had five constitutions; those of 1901, 1934, 1935, 1940 and 1976. Major amendments were made in 1992 and 2002.History of the Cuban Judiciary
The Cuban Judiciary currently one of the three branches of the Cuban government, the others being the executive and the legislative branchLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. It has been contended that the judiciary lacks independence and is subordinate to the executive branch of government.
The original legal system in Cuba was a reflection of its status as a Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
colony. Even after the nation received its independence in 1902, vestiges of Spanish law remained in effect - for example, the Civil Code remained in effect, with modifications, until 1987. The period of United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
occupation and influence resulted in developments such as the Supreme Court of Cuba
Supreme Court of Cuba
The People's Supreme Court is the highest body of judicial power in Cuba. It is elected by, and accountable to, the National Assembly of People’s Power...
. After the Cuban Revolution
Cuban Revolution
The Cuban Revolution was an armed revolt by Fidel Castro's 26th of July Movement against the regime of Cuban dictator Fulgencio Batista between 1953 and 1959. Batista was finally ousted on 1 January 1959, and was replaced by a revolutionary government led by Castro...
, the legal system underwent a series of radical transformations, both in terms of its structure and also in terms of the laws it promulgated. After a variety of experimental tribunals and projects, the legal system was institutionalized in 1976, with the adoption of a new Constitution
Constitution of Cuba
Since attaining its independence from Spain, Cuba has had five constitutions. The current constitution was drafted in 1976 and has since been amended.-1901 Constitution:The 1901 Constitution was Cuba's first as an independent state...
. In the intervening years, changes have continued to occur.