Question

What does the Latin maxim ut res magis valeat quam pereat, imply?

• A. A penal statute must be strictly interpreted.
• B. The statute shall be interpreted only by the magistrate (judiciary).
• C. The provision of a statute must be so construed as to make it effective and operative.
• D. Taxation is not a penal measure.

Hint:

This maxim is closely linked to the "Rule of Harmonious Construction".
It prevents a statutory provision from becoming a "dead letter" due to careless drafting.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the legal meaning and practical implication of the Latin maxim "ut res magis valeat quam pereat" in the context of statutory interpretation.

Step 2: Key Principles and Statutory Provisions:
The maxim translates to: "It is better for a thing to have effect than to perish/be made void."
This is a rule of construction that favors keeping a provision valid and operative.

Step 3: Detailed Explanation and Analysis:

• When a court is faced with two possible interpretations of a statutory provision:
1. One interpretation makes the provision unconstitutional, redundant, or ineffective.
2. The other interpretation makes the provision constitutional, effective, and workable.

• Under the maxim "ut res magis valeat quam pereat", the court must choose the second interpretation to ensure the provision is effective and operative.

• The legislature is presumed not to waste its words or write useless laws.
Therefore, courts should make every effort to find a sensible and workable construction rather than striking down a law or rendering it useless.

Step 4: Final Answer:
The maxim implies that provisions must be construed to be effective and operative, making Option C the correct answer.