Cuban legal system

Cuban legal system

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.

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 branch. 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.

See also


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