DE LEGE FERENDA: A suggested principle applicable in the absence of an existing law. It is distinct from de lege lata, which refers to the current law. DE LEGER LATA: The principle that a court should base its decisions on the actual law rather than its own interpretation of what the law should be. It is distinct from de lege ferenda, which refers to a suggested principle applicable in the absence of an existing law. DELETERIOUS: Something that is toxic or harmful to our physical or mental well-being. DE LIBERA FALDA: A writ that grants permission for sheep to freely graze on land. It was historically used as a form of quod permittat.
De lege ferenda, a Latin term meaning “from law to be passed,” refers to a proposed principle that could be applied in a given situation in the absence of a current legal principle. For example, if a country lacks a law prohibiting discrimination based on sexual orientation, de lege ferenda suggests that a law should be passed to address this issue. This demonstrates how de lege ferenda can be used to propose a new legal principle that is not currently in force.
On the other hand, de lege lata, which means “from law passed,” refers to existing law or the principle that a court should base its decisions on the actual law rather than personal opinions. For instance, if a person is charged with a crime, the court should decide the case based on the existing criminal law, following the principle of de lege lata. This highlights the importance of applying existing laws rather than creating new ones.
Deleterious, an adjective meaning poisonous or harmful, describes something that is psychologically or physically detrimental. For instance, smoking is a deleterious habit that can lead to lung cancer and other health problems. This example demonstrates how deleterious is used to describe something that poses harm to a person’s well-being.
Lastly, de libera falda, a Latin term meaning “of free fold,” refers to a writ that allows free feeding, particularly for sheep on land. In medieval England, a landowner could grant a de libera falda to a tenant, permitting them to graze their sheep on the land without charge. This practice was a form of quod permittat, meaning “that he permit.”
“De Lege Ferenda” is a Latin term that translates to “about the law that ought to be.” It refers to discussions and proposals about potential changes or reforms in the law.
Anyone can propose changes under De Lege Ferenda. It can be legal scholars, lawmakers, interest groups, or even individuals who believe that certain laws need to be modified or updated.
No, De Lege Ferenda proposals are not legally binding. They are merely suggestions or recommendations for potential changes in the law. Actual legal changes require the appropriate legislative or judicial processes.
De Lege Ferenda proposals are evaluated based on their feasibility, impact, and alignment with legal principles and societal needs. Legal experts, policymakers, and stakeholders may assess the proposals to determine their potential effectiveness and implications.
No, De Lege Ferenda proposals cannot be implemented directly. They serve as a starting point for discussions and debates on potential legal reforms. If widely supported, they may influence the legislative process or judicial interpretations in the future.
No, De Lege Ferenda proposals can cover any area of law. They can address criminal law, civil law, constitutional law, international law, or any other legal field where changes or improvements are deemed necessary.
Individuals can contribute to De Lege Ferenda discussions by engaging in public debates, submitting written opinions or proposals to relevant authorities, participating in public consultations, or joining legal organisations that advocate for specific reforms.
Yes, public opinion can play a significant role in shaping De Lege Ferenda proposals. Lawmakers and policymakers often consider public sentiment and feedback when evaluating potential legal changes.
The timeline for De Lege Ferenda proposals to become law varies greatly. It depends on the complexity of the proposed changes, the political climate, and the legislative or judicial processes involved. Some proposals may take years or even decades to materialize, while others may be implemented relatively quickly.
Since De Lege Ferenda proposals are not legally binding, they cannot be directly challenged in court. However, if a proposed change becomes law, it can be subject to legal challenges based on constitutional grounds, statutory interpretation, or other relevant legal principles.
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: 16th April 2024.
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