Public Law
What Legal System Applies in the TRNC?
How the Constitution, legislation, common law, equity, precedent and the two-tier court structure operate together.
A mixed legal system
The TRNC legal system does not come from a single legal tradition. The Constitution and legislation enacted by the Assembly provide the principal framework, while enactments inherited from the British administration and principles of common law and equity remain influential, particularly in private, commercial and procedural law.
Main sources
| Source | Function |
|---|---|
| Constitution | The supreme norm governing state institutions and fundamental rights |
| Legislation | General and specific rules enacted by the Assembly |
| Regulations and secondary legislation | Detailed rules made within authority granted by statute |
| Common law and equity | Supplementary principles recognised by the Courts Law |
| Judgments | Interpretation and application of rules, particularly through Supreme Court precedent |
How do common law and equity apply?
Section 38 of the Courts Law recognises common law and equity as applicable sources to the extent that they are consistent with the Constitution and legislation in force. An English-law answer is therefore not imported automatically; local legislation, the Constitution and TRNC Supreme Court authority must be examined first.
Court structure
The judiciary has a unified, two-tier structure comprising the Supreme Court and lower courts. Depending on the jurisdiction exercised, the Supreme Court sits as the Constitutional Court, Court of Appeal, High Administrative Court or Supreme Electoral Council. Lower courts include district courts and specialist courts established by law.
Finding the governing rule
A legal analysis begins with the current statute and secondary legislation directly governing the dispute. Supreme Court judgments and procedural rules follow, with common law or equity considered where relevant. A foreign decision or online summary is not sufficient on its own.
Sources
Relevant legislation and official sources
Constitution of the TRNCCourts Law — Legislation DatabaseTRNC Courts — official judiciary and electronic servicesTRNC Supreme Court Judgment SearchThis 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.