Expressio unius est exclusio alterius. To elaborate further on this, look into. This maxim is given to gauge the intent of the legislature. Oops! §1979, 42 U. S. C. §1983 (1994 ed., Supp. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS “Mention of one or more things of a particular class may be regarded as silently excluding all other members of the class” (Maxwell, Interpretation. The controversy is over what an item on the list means, not over what is on the list. The phrase indicates that items not on the list are assumed not to be covered by the statute. Expressio unius est exclusio alterius is a Latin phrase that means express mention of one thing excludes all others. 3. Reported in : 50Ind.Cas.380extended period. “An implied exclusion argument lies whenever there is reason to believe that if the legislature had meant to include … Latin, a legal maxim meaning “the expression of one thing is to exclude another.”. 3) The Kirkwood v. Soto3 theory that "traveling expenses" are not com-pensation for services is emphatically reinstated and conflicting language ACCOMPLICE. Were both the provisions clearly set out in the statute then harmonious construction had to be applied. Does the High Court apply 'expressio unius'? Code of Civil Procedure. When a statute includes a list of specific items, that list is presumed to be exclusive; the statute applies only to the listed items and not to others. The phrase indicates that items not on the list are assumed not to be covered by the statute. Also, lex specialis is applicable in the above case only with respect to ‘amending the particulars’ as we had seen for lex specialis to be applicable, subject matter of both the laws should be common. In Rodaro, Justice, at ¶856, defined the Latin maxim expressio unius est exclusio alterius as follows: "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. Sometimes referred to in short form as expressio unius. The legislature makes laws with a specific intent in mind. That being so, the maxim cannot be resorted to for ascertaining the intention of the legislature and implying a prohibition against the Government applying for permits under Chapter IV. But where the amendment relates not to the particulars but to other matters, that is a field not occupied by S. 83(3), and Order VI Rule 17 will apply. However, sometimes a … POLS NOTES UP TO TEST 2.pdf - TEXTBOOK Boyd Chapters 3 \u25cf How do Judges Interpret Ambiguous Statutes Rules and Principles and Their Application \u25cb. [2]Through various situations given hereinafter, true nature of this rule has been attempted to be unleashed: This limitation cannot operate, when the subject-matter of the two provisions is not the same. The phrase indicates that items not on the list are assumed not to be covered by the statute. Both the provisions were specifically laid out in the above case, i.e. (c) Oxford University Press, 2015. “Defined term” means xxxxxxx and includes A, B, C, and D. Relative or qualifying words and phrases, where no contrary intention … Yes (Hodgkiss), but with caution (Bass v Permanent Trustee) Whether this maxim is a legal rule or a law of logic has been widely discussed … Study Of Characters Of Animal Specimens And Identification With Reasons, PUDR v Union of India (1982 SC) – Law School Notes, Excel Wear Etc vs Union Of India (SC 1978), “Gherao” – Jay Engineering Works v. State of West Bengal (1967 Cal), Hydro (Engineers) Pvt. This is one of the rules used in interpretation of statutes. expressio unius est exclusio alterius. JEE (Mains and Advanced) – Past Year Papers with Solutions, Corporate Law Case Brief – Royal British Bank v. Turquand. Chapter-28 Expressio unius est exclusio alterius -. It contemplates that the Government has to apply for permits under Section 42(1) to run buses as a commercial enterprise. Thus counsel says the Minister acted beyond his powers when he made the order prohibiting the export of wild birds.It is interesting to note that the 1907 Customs Management Regulation No. However, sometimes a … The expressio rule means that it is not necessary to add other words to the list in order to make sense of the provision. Unius is contained in 1 match in Merriam-Webster Dictionary. Here it is considered that the items which are not on the list are not covered by the statute. A. ABSOLUTION FROM THE INSTANCE. Expressio unius est exclusio alterius.” 507 U. S., at 168. SUTHERLAND STATUTORY CONSTRUCTION §47.23 (5th ed. Its application in this case is consistent with the construction of tax exemptions in strictissimi juris against the taxpayer. If the words of the Statute are plain and its meaning is clear then there is no scope for applying the rule. Notes Stat Con: Expressio Unius Est Exclusio Alterius (Express Mention and Implied Exclusion) and Noscitur Asociis (Associated Words) 1. Please, International law and international relations, Relationship between international and domestic law, Sources, foundations and principles of international law, Statehood, jurisdiction of states, organs of states, Middle Eastern Organizations/Institutions, 1 Non-Inclusion in the VCLT Rules on Treaty Interpretation, 2 Compatibility with VCLT Rules on Treaty Interpretation, C Discretionary and Implicit Application by International Courts and Tribunals, D Assessment: An Interpretative Conclusion Rather than a Binding Rule. In order for you to see this page as it is meant to appear, we ask that you please re-enable your Javascript! Part IV of the Motor Vehicles Act provided for obtaining ‘permit’ by the government to enter into a commercial practice with the other private players. 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