Puerto Rico Governing Law Provisions
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FAQ
The powers of the government of Puerto Rico (including the existence of the Puerto Rican constitution) are all delegated by the United States Congress and lack full protection under the U.S. Constitution. Because of this, the head of state of Puerto Rico is the President of the United States.
The legal system is a mix of common and civil law, and attorneys in Puerto Rico must be bilingual to move between the local courts, which speak Spanish, and the federal courts, which use English.
Puerto Rico laws include the Puerto Rico Constitution, laws passed by the Puerto Rico Legislative Assembly and periodically codified in the Laws of Puerto Rico, and decisions by courts that interpret Puerto Rico laws. Ratified in 1952, the Puerto Rico Constitution contains nine articles.
The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist. No person shall be deprived of his liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws.
The term ?commonwealth? was adopted by Puerto Rico as the official English designation of the body politic created by the constitution (the official Spanish title is ?estado libre asociado?), to define the status of that body as ?a state which is free of superior authority in the management of its own local affairs but ...
Puerto Rico is an unincorporated territory of the United States. Most but not all federal laws apply to Puerto Rico. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
When Puerto Rico became a US territory, it incorporated the common law system. This created a mixed legal system in which common law and civil law are blended. This system is what prevails today. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others.
The government of the Commonwealth of Puerto Rico is a republican form of government with separation of powers, subject to the jurisdiction and sovereignty of the United States. Article I of the Constitution of Puerto Rico defines the government and its political power and authority.
