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(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
The Oxford English Dictionary includes this meaning in its entry for the word exception, citing the example from Benjamin Jowett's 1855 book Essays, in which he writes: "We may except one solitary instance (an exception which eminently proves the rule)." Here, the existence of an exception seems to strengthen the belief of the prevalence of the ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
Illustrates that laws are made, are in force for a period, and then become obsolete. Lex posterior derogat priori "A later law repeals an earlier one." More recent law overrules older law on the same matter. [9] Lex retro non agit "The law does not operate retroactively." A law cannot make something illegal that was legal at the time it was ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
Retroactive application of law is prohibited by the Article 3 of the Polish civil code, and the legal rule prohibiting such retroactive application is commonly memorised as a Latin sentence Lex retro non agit ("A law does not apply retroactively"). The said article, however, allows retroactive application of an Act of Parliament if it is ...
A quasi-constitutional law may not be used to invalidate the provisions of any later statute that contains a provision stating that this new law applies notwithstanding the quasi-constitutional law. For example, section 2 of the Canadian Bill of Rights, a quasi-constitutional law states: