Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
This theory is a valuable tool for interpreting the legislation that has the same goal in mind. Where two or more statutes are in _________, each may be interpreted by reference to the other(s). It is permissible to read the provisions of the two Acts together when the same are complementary to each other. Which of the following legal maxim is being discussed here?
Options:
Obiter Dicta
Stare Decisis
Pari Materia
Per Incuriam
Correct Answer:
Pari Materia
Explanation:
Pari Materia: In Latin, the maxim literally translates to ‘of/on the same subject matter’. The theory of Pari Materia is a valuable tool for interpreting the legislation that has the same goal in mind. Where two or more statutes are in pari materia, each may be interpreted by reference to the other(s). This proposition operates by way of being an exception to the general principle that the meaning of a word for the purposes of one statute cannot be binding in relation to its meaning in another.It is permissible to read the provisions of the two Acts together when the same are complementary to each other. The principle of parimateria is based on the idea that there is continuity of legislative approach in such acts and common terminology is used. No change in meaning should be attributed unless this was intended.
The general principle of in pari materia says that laws of the same matter and on the same subject must be construed with reference to each other. The intent behind applying this principle is to promote uniformity and predictability in the law.