Constitutional Law at Cuba

Constitutional law in Cuba is centered on the Constitution of the Republic of Cuba, which was most recently revised and adopted in 2019, replacing the 1976 version. This updated Constitution reflects some changes in governance and economics while maintaining the country’s socialist foundations.

🇨🇺 Key Features of Constitutional Law in Cuba

1. Supremacy of the Constitution

The 2019 Constitution is the supreme law of the land.

All laws, decrees, and regulations must conform to it.

2. Political System

Cuba is defined as a socialist state led by the Communist Party of Cuba (PCC), which is recognized as the “leading force of society and the state.”

There is no multi-party system; the PCC is the only legal party.

3. Separation of Powers (Limited)

While there are executive, legislative, and judicial branches, the Communist Party has a central, dominant role, blurring traditional separation of powers.

Key institutions include:

President of the Republic (Head of State)

Prime Minister (Head of Government)

National Assembly of People's Power (unicameral legislature)

Council of State and Council of Ministers

4. Constitutional Rights and Duties

The 2019 Constitution includes an expanded catalog of rights, such as:

Freedom of expression, assembly, and press (though limited in practice)

Right to health care, education, and work

Recognition of private property and foreign investment (a significant change)

The Constitution also outlines citizens' duties, including loyalty to the socialist state.

5. Judiciary

Courts are subordinate to the National Assembly and must uphold the Constitution and socialist legality.

There is no independent constitutional court; the Supreme People's Court handles constitutional issues in practice.

6. Amendments and Reform

Amendments require approval by the National Assembly and may also require referenda, depending on their significance.

 

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