Maxim 1.7.34
The construction of law obtains the force of law.
Legis interpretatio legis vim obtinet.
Source: Branch, Princ.; Bouvier, Max.
Difficulty 2/5 — Approachable
Explanation
An authoritative interpretation of a law has the same binding effect as the law itself — courts are bound not only by the text but by its received meaning. (Duplicate maxim — see also 10.1.19.)
Where this applies
- A court interpretation of a law becomes binding on all subsequent cases.
- The way a statute is officially construed carries the same weight as the statute itself.
Legal domains
See also
- 8.10.1 Stand by decisions and do not disturb settled matters.
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
- 10.1.19 The construction of law obtains the force of law.
Cite this maxim
NeCede Max. 1.7.34 — The construction of law obtains the force of law. — Branch, Princ.; Bouvier, Max. (Legis interpretatio legis vim obtinet.)
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