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

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic