Public Law
What Legal System Applies in the TRNC? Common Law and Its Main Features
The Constitution, legislation, common law and equity, precedent and the structure of the TRNC courts.
A mixed legal system
The legal system of the TRNC draws on more than one tradition. The Constitution, legislation in force, subsidiary rules and judicial decisions operate together. Some Chapters of legislation originating in the British period, as well as common law and equity principles, also form part of the legal landscape. This does not mean that all current English law automatically applies.
Section 38 of the Courts Law No. 9/1976 identifies the sources applied by the courts. In addition to the Constitution and legislation compatible with it, it recognises common law and equity principles subject to the applicable legal limits. It also refers to Basic Evkaf Principles under article 131 of the Constitution and certain maritime legislation. Not every source is relevant to every dispute.
The sources at a glance
| Source | Function |
|---|---|
| Constitution | State institutions, judicial safeguards and fundamental rights |
| Legislation in force | Acts of the Assembly and surviving legislation from earlier periods |
| Regulations and procedure | Detailed rules within statutory authority and methods of litigation |
| Common law and equity | Principles recognised under section 38 of the Courts Law |
| Judgments | Interpretation and application of rules, especially by the Supreme Court |
What is common law?
Common law is a legal tradition developed through judicial decisions in England and the principles that emerged from it. It is distinct from a written statute inherited from the British period: a Chapter is legislation, while common law includes principles shaped in decisions.
In a TRNC case, one must first identify the applicable Constitution and local legislation. Common law cannot be treated as overriding a current local statute or a constitutional protection.
Four features of common law
| Feature | Meaning |
|---|---|
| Development through decisions | Judicial reasoning in concrete cases informs subsequent interpretation |
| Precedent | The reasoning of a higher court on a similar issue matters in later cases |
| Distinguishing cases | A material difference in facts can affect whether a previous outcome applies |
| Application alongside statutes | Written legislation remains central; a decision cannot simply disregard it |
Reading a precedent
A precedent does not mean copying every sentence of an earlier judgment. Its necessary legal reasoning, or ratio decidendi, is distinguished from observations not needed for the result, or obiter dicta. The facts and statutory text of the earlier and later cases must then be compared.
TRNC Supreme Court authority is particularly important locally. A decision from England or another common law jurisdiction can assist comparative analysis but should not be described as automatically binding in the TRNC. Any intervening change in local law also matters.
What is equity?
Equity developed historically to address situations in which strict common law rules did not provide an adequate response. It is recognised alongside common law under section 38. Remedies such as specific performance or an injunction may have roots in equity, subject to the applicable local legislation and procedure.
Equity does not authorise a judge to set aside a statute simply on a personal view of fairness. Jurisdiction, proof, procedure and statutory limits still govern the relief sought.
Courts and fields of law
The judiciary is unified and has two levels: the Supreme Court and lower courts. Depending on its jurisdiction, the Supreme Court acts as Constitutional Court, High Court of Impeachment (Yüce Divan), Court of Appeal or High Administrative Court. The Supreme Election Council deals only with elections. The lower court's powers depend on the claim and applicable legislation.
Common law concepts can be especially relevant to contracts, torts and commerce. Criminal, family and administrative matters also require close attention to their own statutes, constitutional protections and procedural rules. The influence of a legal tradition should not be assumed to be identical in every field.
How to research a concrete dispute
- 01Define the issue and forum
Identify the claim, remedy, jurisdiction and relevant time limit.
- 02Read current local law
Examine the Constitution, statute, amendments and regulations together.
- 03Check local judgments
Research Supreme Court decisions on the same provision and comparable facts.
- 04Assess common law and equity
Consider applicability under section 38 and consistency with local law.
- 05Apply the reasoning
Compare the necessary reasoning and material facts; use foreign decisions only in their proper context.
In summary
Written law, common law and equity coexist in the TRNC. A sound answer requires the current local text, relevant local decisions and the facts of the particular matter to be considered together.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.