Discuss the maxim contemporanea expositio est optima et fortissima in lege.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
Discuss the maxim contemporanea expositio est optima et fortissima in lege.
Answer & Explanation:
The maxim contemporanea expositio est optima et fortissima in lege means that a contemporaneous exposition is the best and strongest in law. Where the words used in a statute have undergone alteration in meaning in course of time, the words will be construed to bear the same meaning as they had when the statute was passed on the principle expressed in the maxim. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful. But if the statute appears to be capable of only interpretation, the fact that a wrong meaning had been attached to it for many years, will be immaterial and the correct meaning will be given by the Courts except when title to property may be affected or when every day transactions have been entered into on such wrong interpretation.
Topics: Interpretation of Statutes
Related Questions in this Topic
- In the State of Rajasthan, a land reform statute was enacted to protect tenants from eviction and to ensure security of ...
- The Municipal Governance Act, 2010 lays down general rules for property taxation on all buildings in the city including ...
- Where the intention of the legislature is not clear in a statute, there are a number of presumptions applied for the int...
- 'The rule of ejusdem generis must be applied with great caution'. Discuss. What are the conditions that should exist bef...
- Express mention of one thing implies the exclusion of another. Discuss under the interpretation of statutes.