Guyana · Overview
The legal system of Guyana
The only mixed jurisdiction on the South American mainland and the continent's only English-speaking state. British Guiana inherited Roman-Dutch law from the Dutch colonies, and the Civil Law of Guyana Act 1917 replaced most of it with English common law while expressly preserving Roman-Dutch principles in land tenure — so conveyancing still uses transport and passing of title rather than the English deed. Guyana replaced the Privy Council with the Caribbean Court of Justice as its final court in 2005, and was one of the first states to do so.
Legal tradition
Guyana belongs to the mixed common and civil law tradition. The only mixed jurisdiction on the South American mainland and the continent's only English-speaking state. British Guiana inherited Roman-Dutch law from the Dutch colonies, and the Civil Law of Guyana Act 1917 replaced most of it with English common law while expressly preserving Roman-Dutch principles in land tenure — so conveyancing still uses transport and passing of title rather than the English deed. Guyana replaced the Privy Council with the Caribbean Court of Justice as its final court in 2005, and was one of the first states to do so.
How power is divided
Unitary, with ten regions run by elected Regional Democratic Councils and a Local Government Commission. Indigenous Amerindian communities hold titled village lands under the Amerindian Act 2006 with village councils exercising defined local authority.
Where law comes from
- Constitution
- Supreme law; inconsistent legislation is void.
- Acts of Parliament
- Including the Civil Law of Guyana Act, which fixed the common-law reception.
- Common law and equity, with residual Roman-Dutch law
- Roman-Dutch principles survive in immovable property and prescription.
- Judicial precedent
- Binding; decisions of the Caribbean Court of Justice bind all Guyanese courts.
The legal profession
A fused profession: an attorney-at-law both advises and appears. Qualification is normally an LLB from the University of Guyana followed by the Legal Education Certificate from a Council of Legal Education school, then admission by the High Court. The Guyana Bar Association represents practitioners while discipline rests with the courts.
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