Maxims of interpretation

• In the Mauritian context, maxims of interpretation or more specifically, maxims of statutory interpretation can be defined as the set of principles that legal practitioners exploit as a guiding light while interpreting legislations and statutes
• Maxims of interpretation yield a form of structural framework that sets aside the ambiguity or vague prose of legislation or legal instruments such as the Constitution of a country or an article of a treaty
• Literal rule


  Emphasises giving words in a statute their plain and ordinary meaning
• Courts typically interpret the language of a law exactly as it is written, without adding or subtracting from its terms
• Purposive approach to statutory interpretation

  Focuses on the purpose of a given legislation
• The purposive approach was used in the case of Maunsell v Olins to clarify the essence of the word "premises"
• Maxims of interpretation are Latin tags that serve as guiding principles in understanding legislation
• Maxims of interpretation

  • They are not binding, but indicate a statistical probability of what the legislation means
  • Each maxim is associated with a pattern of language, and using the exact maxim in your case law search will lead to only those cases that have employed the reasoning expressed by the maxim
  • They aid courts across the globe in implementing current laws in a fair and reasonable manner, allowing them to resolve issues before them
  • They do not have legal force, but when courts use them in determining legal matters or the legislature adopts them in enacting legislation, they take on the shape of law and serve as the foundation for sound judgments
• In the case of Ubhemmun S. v Societe Clefoon & Anor 2022 IND 61, the Court found it appropriate to note that a special law will have precedence over the general law by virtue of the maxim ''Generalia Specialibus Non Derogant''
• In Earle Seymour Saks v Sunil M.Hassamal 2022 SCJ 222, the maxim ''exturpi causa non oritur'' was being relied upon by the defendant
• Ejusdem generis rule


  More general words that succeed the more distinct and specific words should be narrowed to entities of the analogous nature as those formerly indicated, to the exception of it having a distinct display of a conflicting purpose
• The ejusdem generis rule does not apply if there is an absence of a genus, as stated in the case of United Towns Electric Co., Ltd. v. Attorney-General for Newfoundland
• Noscitur a sociis

  The connotation of a blurred or abstruse word in a statute or contract must be interpreted by considering the words in the context with which it is related to
• In the case of Inland Revenue Commissioners v Frere [1965], the House of Lords applied the noscitur a sociis rule to interpret the term "amount of interest"
• Expressio unius est exclusion alterius


  The mention of one thing is the exclusion of another by implication
• Expressio unius est exclusion alterius is often used in interpreting treaties within the international legal sphere
• Exceptio est strictissimae interpretationis

  Any exception to a general rule to droit commun must be construed strictly
• Article 216 of the Civil Code provides an example of the exceptio est strictissimae interpretationis maxim
• strictissimae interpretationis

  The exception is the strictest interpretation
• The express mention of one thing implies the exclusion of others
• When a statute specifically lists certain items, subjects, or situations, it implies that other items, subjects, or situations are intentionally excluded from the scope of the statute
• Any exception to a general rule to droit commun must be construed strictly
• Article 216 Civil Code provides that the provisions do not apply when the spouses have opted for the legal regime of separation of property governed by Articles 1475 to 1478
• Cessante ratione legis, cessat ipsa dispositio

  If 'la raison d'être' of the law ceases, the law ceases to exist
• The rationale of Article 1325 of the Civil Code was to avoid forgery
• Courts in France explained that the risk of forgery may be avoided if the original contract is kept with a third independent party
• Specialia generalibus derogant, non generalia specialibus


  General things do not derogate from specific things
• Article 1163 of The Civil Code stipulates that regardless of how general the terms used in a contract may be, it only encompasses subjects upon which it appears the parties intended to contract
• When there is a conflict between a general rule or provision and a specific one, the specific provision prevails over the general rule
• Within the Mauritian Legal System, a special law takes precedence or is to be favored over a general law
• In Chinien v The Queen & Ors 1989 MR 262, the Judicial Committee of the Privy Council referred to the case Barker v Edgar & Ors 1898 A.C. 748 where Lord Hobhouse scrutinized the principle of generalia specialibus non derogant
• The same principle applies in French law too and is clearly explained in Encyclopédie Dalloz
• In the case of Indian Ocean General Assurance Ltd v Phoenix Insurance Mauritius Co. Ltd 2020 INT 4, the court referred to the maxim Generalia Specialibus Non Derogant
• Ubi lex non distinguit, nec nos distinguere debemus


  Where the law does not distinguish, we should not distinguish
• Article 1158 of the Civil Code states that in cases where terms within a contract are susceptible to dual interpretations, they should be construed in the sense that aligns effectively with the subject matter of the contract
• By adhering to the "Ubi lex non distinguit", Mauritian courts ensure consistency and predictability in the correct application of the legislations
• The maxims of interpretation outlined in the Mauritian legal context serve as invaluable tools for legal practitioners and courts alike
• These maxims enable the judiciary to effectively dispense justice by clarifying the meanings of ambiguous or vague statutory language
• The careful application of these maxims stimulates a greater understanding of legislative intent and ensures that laws remain relevant and effective in addressing contemporary challenges
• Statutory interpretation notes - statutory interpretation: The literal rule the golden rule the