Рет қаралды 357
Ubi Lex Non Distinguit Nec Nos Distinguere Debemos - Latin maxim translates to "where the law does not distinguish, we should not distinguish.”
In other words, if a law is written in a generic manner, that may cover a wider range of subjects or situations, the judge should not create distinctions while interpreting the law.
For example, if a notice says that vehicles are not allowed inside the park, it is using a very generic term vehicle. And if no distinctions are created, this notice is simply prohibiting any and all vehicles from entering the park.
This is also a good example to understand how the primary and secondary rules of interpretation are applied.
First, the golden rule is applied to interpret the meaning of the term vehicles to include only motor vehicles. After which this secondary rule is applied.
Since this board is not saying that cars are not allowed, or buses are not allowed, or motor cycles are not allowed. The law by itself is not creating any distinctions.
As per this rule of interpretation, the judge should enforce the law as is, and not interpret it to create distinctions between different types of motor vehicles.
Since the law is being interpreted as is, there is consistency, there is simplicity and possibly fairness … since all the subjects … cars, bikes, buses etc. are being treated equally.
However, the disadvantages are that there is no flexibility and it can lead to situations of injustice… since it does not distinguish between personal use vehicles and commercial use vehicles and public transport vehicles.