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By virtue of its status as a colony of Spain, there were no courts of law of its own in Cuba during that stage; applicable law and the judicial bodies were those established in the metropolis.
During the wars for independence, five constitutions were enacted and the corresponding laws derived from them, which, among other aspects, regulated the justice system applicable in the territory of the Republic of Cuba in Arms.
The creation of the Supreme Court of Cuba
The creation of the Supreme Court of Cuba dates from April 14th, 1899, formed by a single courtroom to impart justice, which after successive modifications was institutionalized by the Organic Law of the Judicial Power on January 27th, 1909.
Creation of the judicial career
The Constitution of the Republic established the judicial career and the fundamental principles on which this function would be based, which in turn were assumed, after the triumph of the Revolution, by the Fundamental Law of 1959.
Law of the Organization of the Judicial System
Within the scope of the process of perfecting Cuban state institutions and, in particular, the justice system, the Law of the Organization of the Judicial System was enacted on June 23rd of that year, in response to the need for unifying the different jurisdictions then existing as a single judicial system to ensure uniform application of justice throughout the entire country. The essential organizational bases established for the courts were their collegiate character and being integrated by professional judges (law graduates) and lay judges (members of a mixed court) in the field, all of them elective, responsible and revocable.
Proclamation of the current Constitution of the Republic of Cuba
On February 24th, 1976, by popular referendum, the current Constitution of the Republic of Cuba was proclaimed, which enshrined the fundamental principles that support the Cuban judicial system. Among them, Article 120 defines, that "the function of imparting justice, which arises from the people and is exercised on its behalf by the People's Supreme Court and other courts established by the law", which is to establish the main objectives, organization, jurisdiction, competence, faculties and way of exercising them, the requirements for judges, their form of election and revocation or ceasing in the exercise of their functions.
Regulation of the organization, structure and functions of the Courts System
In compliance with the constitutional mandate, the Law of the Organization of the Judicial System of August 18th, 1977, regulated the organization, structure and functions of the Court System; made the pertinent modifications; although, it maintained the organizational bases and existing essential principles.
Law of the Popular Courts
La Ley de Organización fue derogada por la Ley No. 70, de 12 de julio de 1990, y esta por la vigente Ley No. 82, "Ley de los Tribunales Populares", de 11 de junio de 1998, que refuerza la independencia judicial al otorgar al Consejo de Gobierno del Tribunal Supremo Popular funciones en relación con los tribunales provinciales y municipales que antes radicaban en el Ministerio de Justicia.