Рет қаралды 987
"Ut Res Magis Valeat Quam Pereat" is a Latin term which means "it is better for a thing to have effect than to be void".
This rule is quite simple, it just says that when interpreting an unclear statute, the interpretation that gives effect to the statute should be preferred over one that invalidates the statute or makes it meaningless.
For example, if there is a board which shows the pictures of a bike and car and mentions that they are banned in a school zone between 8am to 4pm,
does it mean that only cars and bikes are not allowed? But buses, trucks, autos, tractors and other vehicles are allowed?
Since the real objective of the signboard is to ensure the safety of children who may be walking in or out of school, it doesn’t make sense to interpret this board to say that only cars and bikes are banned … because even fast-moving trucks, buses and autos may cause accidents.
So, the interpretation that best suits the intent of the rule is that all traffic is banned in the school zone from 8am to 4pm; and the board only shows a car and a bike as examples… because putting icons of all vehicles is not practical.
The advantage of this rule is that it makes laws more effective; at the same time, a disadvantage would be that the interpretation depends a lot on the discretion of the judge; making it very subjective.
And there is a possibility of the law being extended much beyond it’s intended scope - for example, what if the actual intention of this restriction was only to ban cars and bikes … and it is the interpretation that is extending it to all vehicles.