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Encyclopedia > Cuban Law

The substantive and procedural laws of Cuba were based on the Spanish Civil laws and were influenced by the principles of Marxism-Leninism after that philosophy became the guiding force of government. Wikipedia does not have an article with this exact name. ... It has been suggested that Cuban Law be merged into this article or section. ... Vladimir Lenin in 1920 Leninism is a political and economic theory which builds upon Marxism; it is a branch of Marxism (and it has been the dominant branch of Marxism in the world since the 1920s). ...

Contents

Principle of equality

Cuban law is dedicated to advancing equality among the Cuban populations.


Substantive and procedural law

Family law


Criminal law

Cuba's criminal code was based on Spanish law until 1956


Controversial portions of Cuba's criminal code include vague provisions providing for the arrest of persons committing anti-revolutionary acts.


Cuban criminal procedure has come under fire from critics for engaging in summary procedures.


Private property

Cuba has laws protecting private property and ownership of individual property. Cuba has the highest rate of home ownership in the Western hemisphere.


Cuban law regarding private property has been heavily criticized as offering little to no protection to private property.


In 1992, in response to the Special Period, the Cuban constitution was changed to authorize the limited existence of joint ventures and corporations. The Special Period In Time of Peace (Spanish: Período especial en tiempo de paz ) in Cuba was an extended period of economic crisis that began in 1991 after the collapse of the Soviet Union and and, by extension, the Comecon. ...


Cuba law also permits the collective ownership of agricultural cooperatives.


Economic regulation

Cuba's laws provide for strong government regulation of the economy in almost all of its facets.


See also

The judicial branch of Cuba is one of three branches of the Cuban government. ... It has been suggested that Cuban Law be merged into this article or section. ... // Professional judges in Cuba are elected for unlimited terms, serving until they are no longer capable or until removed by the electoral body. ... Revolutionary Cuba has had three principal laws relating to agrarian reform. ...

References

  • "Law and Society in Contemporary Cuba" (Second Edition), by Debra Evenson. Published by Kluwer Law International; The Hague, Netherlands, 2003. Available for purchase through Aspen Publishers, Inc. (www.aspenpublishers.com)

External links

  • http://www.ruleoflawandcuba.fsu.edu/ (The webpage for a program dedicated to the study of the Rule of Law in contemporary Cuba. Includes links to the Cuban Penal Code and Cuban Constitution in Spanish. There are many Spanish-language links about dissidents arrested in 2003 crackdown. Some of the documents have been translated to English.)
  • http://edis.ifas.ufl.edu/FE481 (Informative page on Agrarian Reform in Cuba after 1959)
  • http://www.cubanet.org/ref/dis/const_92_e.htm (Text of current Cuban Constitution. Note: This is the 1992 Version, and is without the 2002 amendment making socialism the permanent form of government).

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The choice for the Cuban people is not between the present and the past, as the regime would have the people believe, but between the present repression and economic malaise and a future of freedom and opportunity for all Cubans.
Nonetheless, some Cubans have reservations about a transition in Cuba, fostered by the regime's negative depictions of other transitions and by its claims that transition or democratic governments in Cuba would not be concerned with issues of national sovereignty, justice, equity, reconciliation and social welfare.
Cubans may decide to retain aspects of their present constitution, incorporate aspects of the 1940 constitution, and look to models elsewhere in the hemisphere and beyond for yet other provisions.
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The challenged laws had an impermissible object; and in all events the principle of general appli- cability was violated because the secular ends asserted in defense of the laws were pursued only with respect to conduct motivated by religious beliefs.
To determine the object of a law, we must begin with its text, for the minimum requirement of neutrality is that a law not discriminate on its face.
A law that is religion neutral on its face or in its purpose may lack neutrality in its effect by forbidding something that religion requires or requiring something that religion forbids.
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