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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The law of the Republic of Cape Verde after 25 years of independence
Author:Bogdan, MichaelISNI
Periodical:Journal of African Law
Geographic term:Cape Verde
Subjects:legal systems
Abstract:The Republic of Cape Verde became independent from Portugal in 1975. This article examines and evaluates the impact of political independence on Cape Verdian law in view of the country's limited legal resources, posing the question as to what extent Cape Verde has been able to shape its legal system, and discussing the constitutional framework and the survival of Portuguese law. In 1980, Cape Verde became a one-party State. The one-party system was abandoned in 1990. The present constitution, in both structure and content similar to the constitution of Portugal, was enacted and promulgated in 1992. It replaced the Marxist-oriented Constitution of 1980, and introduced a democratic system of government, based on pluralism and the balancing of powers. At independence, Cape Verde decided to continue to apply Portuguese law as it was at that time. This law consisted mainly of large-scale codifications such as the Civil Code, the Commercial Code, the Penal Code, the Code of Civil Procedure and the Code of Criminal Procedure. The old rules continue to apply to the extent they have not been amended by or replaced with new legislation. The Commercial Code has been totally replaced, and current legislative projects include other new codes. Cape Verde has succeeded in keeping its legal system functioning relatively well and has created original legal solutions. Dependence on and preservation of close ties with Portuguese law is more a question of pragmatism than a sign of weakness. Notes, ref., sum. (p. II).