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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A statute provides that 'the Tribunal shall have power to grant interim relief'. The Act is silent on whether the Tribunal can also vary its own interim order. A court holds that the power to vary is necessarily included. Which maxim best supports this reasoning?

The best support is the maxim 'quando lex aliquid concedit, concedere videtur et id sine quo res ipsa esse non potest'. It means that a grant of a power carries with it the incidental powers necessary to exercise it, so the power to vary interim orders is implied.

  1. AExpressio unius est exclusio alterius
  2. BUt res magis valeat quam pereat, only in the sense of avoiding invalidity
  3. CNoscitur a sociis
  4. DQuando lex aliquid concedit, concedere videtur et id sine quo res ipsa esse non potestCorrect

Explanation

This maxim means that when the law grants something, it is taken to grant also what is essential for exercising that power. Variation of interim orders is incidental to granting them. Expressio unius would instead exclude unmentioned powers, which is the opposite conclusion.

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