(b) एक्सप्रेसस फेसिट सिसेयर टेसिटम Expressus Facit Cessare Tacitum

Answer (b) 

The maxim "Expressus Facit Cessare Tacitum" is a principle used in the interpretation of statutes, which means “What is expressed, makes the implied cease.” In simpler terms, when something is explicitly stated in a law, any previously implied provision or rule is no longer applicable or has been overridden. This principle is often invoked in legal contexts to indicate that when a statute expressly provides for a particular case or situation, any implied provisions in law regarding that matter are deemed to be nullified.

Here’s a breakdown of the maxim and how it is applied with the help of decided cases:

1. Meaning of the Maxim

•             The maxim asserts that if a statute or legal provision expressly addresses a certain issue, any implied provisions (whether they were previously understood or assumed) no longer hold any force.

•             Essentially, it is a rule of exclusion: if a law covers a subject in explicit terms, it excludes any implied or inferred provisions that might have existed prior to that explicit expression.

2. Application in Interpretation of Statutes

•             The courts apply this maxim when interpreting the statute's wording. If the statute clearly and unambiguously addresses a situation, courts will disregard any earlier implied rules or presumptions that would contradict the explicit terms of the law.

3. Decided Cases Illustrating the Maxim

a) R v. Coney (1882) 8 QBD 534

•             Facts: The case dealt with whether certain types of behavior (in this case, a public indecency) were covered under the statute regarding "riotous behavior."

•             Application of the Maxim: The court concluded that since the statute expressly specified the behavior that it considered "riotous," it rendered any previously implied common law provisions about "riotous" conduct irrelevant. The explicit terms of the statute took precedence over any implied understanding of riotous behavior.

b) Fitzpatrick v. Sterling Housing Association Ltd (2001) 1 AC 27

•             Facts: This case concerned the interpretation of a provision in the Rent Act that allowed certain rights to tenants, but it also made clear that tenancy could not be passed on to someone who was not a family member, specifically referring to a "spouse" under the definition.

•             Application of the Maxim: The House of Lords applied Expressus Facit Cessare Tacitum by holding that the explicit mention of "spouse" in the statute excluded any implied extension of rights to other family members who were not expressly mentioned. By including the specific term "spouse," the statute impliedly excluded any broader interpretation. 

c) Birmingham City Council v. Oakley (1997) 2 AC 241

•             Facts: The case concerned whether a person could be considered a "householder" for the purpose of council tax exemptions. The statutory provision on "householder" was clear, but there was a previous implied understanding that someone could still be considered a householder even without legal possession.

•             Application of the Maxim: The court ruled that because the statute explicitly defined "householder," the previous implied understanding about who could be classified as a householder was rendered invalid. The explicit language of the statute replaced any earlier assumptions.

4. Principles of Interpretation

•             Courts use this maxim to avoid reading any terms into a statute that are not expressly provided for. This principle also helps to clarify the intention of the legislature and avoid ambiguity or overextension of the law's scope.

•             The express provision of a statute effectively overrides any implied provisions from earlier legal practices or precedents, reinforcing the importance of the written law as it is.

5. Limitations

•             This maxim does not apply in cases where the statute is ambiguous or vague, and where the court must look to other sources to interpret the law.

•             The maxim is also not applicable if the statutory provision is subject to interpretation based on the broader context or legislative intent, rather than just its express wording.

6. Conclusion

The maxim "Expressus Facit Cessare Tacitum" plays a critical role in statutory interpretation by emphasizing that express provisions of the law supersede any implied provisions or understandings. Through its application, the courts ensure that the law remains clear and precise, with no room for ambiguity when the legislature has spoken expressly on a matter.