Antiquus et novus extentus, a Latin phrase, translates to old and new extent. In the context of Scots law, it pertains to the assessment of land value for taxation purposes. The initial valuations were conducted in the year 1280, with subsequent valuations occurring multiple times thereafter. This concept bears resemblance to the terms quantum nunc valent and quantum valuerunt tempore pacis.
Antiquus et novus extentus is a Latin term utilised in Scots law to describe the historical and updated valuation of land for taxation purposes. The old extent was initially assessed in 1280, while the new extent has been reassessed multiple times since then. For instance, if a piece of land was valued at £100 in 1280 and its value increased to £200 in 1300, the old extent would be £100 and the new extent would be £200. This term holds significance in Scots law as it aids in determining the appropriate amount of tax to be paid on a particular piece of land.
AENE is a Latin term that translates to “old and new extent.” It refers to a legal principle that allows for the interpretation and application of existing laws to new situations or circumstances.
AENE allows courts to adapt existing laws to address novel situations that were not contemplated when the laws were originally enacted. It ensures that the law remains relevant and effective in a changing society.
No, AENE does not create new laws. It only allows for the interpretation and application of existing laws to new situations. The principle ensures that the intent and purpose of the original laws are upheld while addressing contemporary issues.
Yes, there are limitations to the application of AENE. The principle cannot be used to contradict or override clear and unambiguous statutory provisions. It is also subject to the principles of legal certainty and predictability.
AENE can sometimes introduce an element of uncertainty in the law, as it allows for the interpretation and application of existing laws in new and unforeseen ways. However, this flexibility is necessary to ensure that the law remains adaptable to changing circumstances.
Yes, AENE can be used to challenge existing legal precedents if they are deemed to be outdated or no longer applicable to the current situation. However, such challenges must be supported by strong legal arguments and evidence.
Yes, AENE can be applied to all areas of law, including criminal law, contract law, property law, and constitutional law. It is a general principle that allows for the evolution and development of legal doctrines.
AENE encourages a dynamic and purposive approach to legal interpretation. It requires courts to consider the underlying principles and objectives of the law when applying it to new situations, rather than relying solely on literal or strict interpretations.
AENE can sometimes be associated with judicial activism, as it allows courts to adapt and expand the law. However, it is important to note that AENE should be applied within the boundaries of legal principles and constitutional limits, ensuring a balance between judicial discretion and the rule of law.
AENE plays a crucial role in legal development by allowing the law to adapt to societal changes and emerging issues. It ensures that the law remains relevant and effective in addressing new challenges, promoting justice and fairness in the legal system.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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