WORLD Policy Analysis Center

What is the constitutional status of customary law?

Customary law can prevail over some or all of the constitution means that the constitution has specific provisions allowing customary law to override constitutional provisions, which can include anything from one narrowly defined right to the entirety of the constitution depending on the country.

Customary law is a normative source or legislation cannot contradict customary law means that the constitution explicitly identifies customary law as source of legal/normative power within the country, or clarifies that customary law cannot be contradicted by constitutional provisions.

No specific provision means that the constitution does not mention customary law.

Customary law not explicitly addressed, but constitution is supreme means that the constitution does not mention customary law, but does explicitly say that the constitution is that country’s supreme legal instrument.

Customary law is explicitly subordinate to the constitution means that the constitution explicitly places customary law below the constitution in the country’s legal hierarchy.

Countries

Botswana - Customary law can prevail over some or all of the constitution

Ethiopia - Customary law can prevail over some or all of the constitution

The Gambia - Customary law can prevail over some or all of the constitution

Lesotho - Customary law can prevail over some or all of the constitution

Malaysia - Customary law can prevail over some or all of the constitution

Marshall Islands - Customary law can prevail over some or all of the constitution

Samoa - Customary law can prevail over some or all of the constitution

Sierra Leone - Customary law can prevail over some or all of the constitution

Eswatini - Customary law can prevail over some or all of the constitution

Tuvalu - Customary law can prevail over some or all of the constitution

Chad - Customary law is a normative source or legislation cannot contradict customary law

Guatemala - Customary law is a normative source or legislation cannot contradict customary law

Mali - Customary law is a normative source or legislation cannot contradict customary law

Micronesia, Federated States of - Customary law is a normative source or legislation cannot contradict customary law

Nicaragua - Customary law is a normative source or legislation cannot contradict customary law

Nigeria - Customary law is a normative source or legislation cannot contradict customary law

Palau - Customary law is a normative source or legislation cannot contradict customary law

Peru - Customary law is a normative source or legislation cannot contradict customary law

The Philippines - Customary law is a normative source or legislation cannot contradict customary law

San Marino - Customary law is a normative source or legislation cannot contradict customary law

Singapore - Customary law is a normative source or legislation cannot contradict customary law

South Sudan - Customary law is a normative source or legislation cannot contradict customary law

Spain - Customary law is a normative source or legislation cannot contradict customary law

Sudan - Customary law is a normative source or legislation cannot contradict customary law

Vanuatu - Customary law is a normative source or legislation cannot contradict customary law

Afghanistan - No specific provision

Austria - No specific provision

Bahrain - No specific provision

Belgium - No specific provision

Bosnia and Herzegovina - No specific provision

Brazil - No specific provision

Brunei - No specific provision

Cameroon - No specific provision

Central African Republic - No specific provision

Chile - No specific provision

Comoros - No specific provision

Republic of the Congo - No specific provision

Costa Rica - No specific provision

Croatia - No specific provision

Czech Republic - No specific provision

Denmark - No specific provision

Djibouti - No specific provision

Egypt - No specific provision

Equatorial Guinea - No specific provision

Estonia - No specific provision

Finland - No specific provision

France - No specific provision

Gabon - No specific provision

Germany - No specific provision

Greece - No specific provision

Greenland - No specific provision

Guinea - No specific provision

Haiti - No specific provision

Honduras - No specific provision

Iceland - No specific provision

Indonesia - No specific provision

Iran - No specific provision

Ireland - No specific provision

Israel - No specific provision

Italy - No specific provision

Jamaica - No specific provision

Jordan - No specific provision

Democratic People's Republic of Korea - No specific provision

Republic of Korea - No specific provision

Kuwait - No specific provision

Latvia - No specific provision

Lebanon - No specific provision

Libya - No specific provision

Liechtenstein - No specific provision

Lithuania - No specific provision

Luxembourg - No specific provision

North Macedonia - No specific provision

Madagascar - No specific provision

Maldives - No specific provision

Malta - No specific provision

Mauritania - No specific provision

Monaco - No specific provision

Mongolia - No specific provision

Montenegro - No specific provision

Morocco - No specific provision

Myanmar - No specific provision

The Netherlands - No specific provision

New Zealand - No specific provision

Norway - No specific provision

Oman - No specific provision

Pakistan - No specific provision

Panama - No specific provision

Portugal - No specific provision

Qatar - No specific provision

Sao Tome and Principe - No specific provision

Saudi Arabia - No specific provision

Slovakia - No specific provision

Slovenia - No specific provision

Sri Lanka - No specific provision

Suriname - No specific provision

Sweden - No specific provision

Switzerland - No specific provision

Syria - No specific provision

Tanzania - No specific provision

Tonga - No specific provision

Tunisia - No specific provision

United Arab Emirates - No specific provision

United Kingdom - No specific provision

Uruguay - No specific provision

Yemen - No specific provision

Albania - Customary law not explicitly addressed, but constitution is supreme

Algeria - Customary law not explicitly addressed, but constitution is supreme

Andorra - Customary law not explicitly addressed, but constitution is supreme

Antigua and Barbuda - Customary law not explicitly addressed, but constitution is supreme

Argentina - Customary law not explicitly addressed, but constitution is supreme

Armenia - Customary law not explicitly addressed, but constitution is supreme

Australia - Customary law not explicitly addressed, but constitution is supreme

Azerbaijan - Customary law not explicitly addressed, but constitution is supreme

Bahamas - Customary law not explicitly addressed, but constitution is supreme

Barbados - Customary law not explicitly addressed, but constitution is supreme

Belarus - Customary law not explicitly addressed, but constitution is supreme

Belize - Customary law not explicitly addressed, but constitution is supreme

Bhutan - Customary law not explicitly addressed, but constitution is supreme

Bulgaria - Customary law not explicitly addressed, but constitution is supreme

Burundi - Customary law not explicitly addressed, but constitution is supreme

Cambodia - Customary law not explicitly addressed, but constitution is supreme

Canada - Customary law not explicitly addressed, but constitution is supreme

Cabo Verde - Customary law not explicitly addressed, but constitution is supreme

China - Customary law not explicitly addressed, but constitution is supreme

Cuba - Customary law not explicitly addressed, but constitution is supreme

Cyprus - Customary law not explicitly addressed, but constitution is supreme

Dominica - Customary law not explicitly addressed, but constitution is supreme

Dominican Republic - Customary law not explicitly addressed, but constitution is supreme

El Salvador - Customary law not explicitly addressed, but constitution is supreme

Eritrea - Customary law not explicitly addressed, but constitution is supreme

Fiji - Customary law not explicitly addressed, but constitution is supreme

Georgia - Customary law not explicitly addressed, but constitution is supreme

Grenada - Customary law not explicitly addressed, but constitution is supreme

Guinea-Bissau - Customary law not explicitly addressed, but constitution is supreme

Guyana - Customary law not explicitly addressed, but constitution is supreme

Hungary - Customary law not explicitly addressed, but constitution is supreme

Iraq - Customary law not explicitly addressed, but constitution is supreme

Japan - Customary law not explicitly addressed, but constitution is supreme

Kazakhstan - Customary law not explicitly addressed, but constitution is supreme

Kiribati - Customary law not explicitly addressed, but constitution is supreme

Laos - Customary law not explicitly addressed, but constitution is supreme

Mauritius - Customary law not explicitly addressed, but constitution is supreme

Moldova - Customary law not explicitly addressed, but constitution is supreme

Mozambique - Customary law not explicitly addressed, but constitution is supreme

Nauru - Customary law not explicitly addressed, but constitution is supreme

Nepal - Customary law not explicitly addressed, but constitution is supreme

Poland - Customary law not explicitly addressed, but constitution is supreme

Romania - Customary law not explicitly addressed, but constitution is supreme

Russian Federation - Customary law not explicitly addressed, but constitution is supreme

Senegal - Customary law not explicitly addressed, but constitution is supreme

Serbia - Customary law not explicitly addressed, but constitution is supreme

Seychelles - Customary law not explicitly addressed, but constitution is supreme

St. Kitts and Nevis - Customary law not explicitly addressed, but constitution is supreme

St. Lucia - Customary law not explicitly addressed, but constitution is supreme

St. Vincent and the Grenadines - Customary law not explicitly addressed, but constitution is supreme

Tajikistan - Customary law not explicitly addressed, but constitution is supreme

Thailand - Customary law not explicitly addressed, but constitution is supreme

Trinidad and Tobago - Customary law not explicitly addressed, but constitution is supreme

Türkiye - Customary law not explicitly addressed, but constitution is supreme

Turkmenistan - Customary law not explicitly addressed, but constitution is supreme

Ukraine - Customary law not explicitly addressed, but constitution is supreme

United States of America - Customary law not explicitly addressed, but constitution is supreme

Uzbekistan - Customary law not explicitly addressed, but constitution is supreme

Vietnam - Customary law not explicitly addressed, but constitution is supreme

Angola - Customary law is explicitly subordinate to the constitution

Bangladesh - Customary law is explicitly subordinate to the constitution

Benin - Customary law is explicitly subordinate to the constitution

Bolivia - Customary law is explicitly subordinate to the constitution

Burkina Faso - Customary law is explicitly subordinate to the constitution

Colombia - Customary law is explicitly subordinate to the constitution

Democratic Republic of the Congo - Customary law is explicitly subordinate to the constitution

Cote d'Ivoire - Customary law is explicitly subordinate to the constitution

Ecuador - Customary law is explicitly subordinate to the constitution

Ghana - Customary law is explicitly subordinate to the constitution

India - Customary law is explicitly subordinate to the constitution

Kenya - Customary law is explicitly subordinate to the constitution

Kyrgyzstan - Customary law is explicitly subordinate to the constitution

Liberia - Customary law is explicitly subordinate to the constitution

Malawi - Customary law is explicitly subordinate to the constitution

Mexico - Customary law is explicitly subordinate to the constitution

Namibia - Customary law is explicitly subordinate to the constitution

Niger - Customary law is explicitly subordinate to the constitution

Papua New Guinea - Customary law is explicitly subordinate to the constitution

Paraguay - Customary law is explicitly subordinate to the constitution

Rwanda - Customary law is explicitly subordinate to the constitution

Solomon Islands - Customary law is explicitly subordinate to the constitution

Somalia - Customary law is explicitly subordinate to the constitution

South Africa - Customary law is explicitly subordinate to the constitution

Timor-Leste - Customary law is explicitly subordinate to the constitution

Togo - Customary law is explicitly subordinate to the constitution

Uganda - Customary law is explicitly subordinate to the constitution

Venezuela - Customary law is explicitly subordinate to the constitution

Zambia - Customary law is explicitly subordinate to the constitution

Zimbabwe - Customary law is explicitly subordinate to the constitution