Lex dura sed lex
| Literal meaning | The law is harsh, but it is the law |
|---|---|
| Pronunciation | lex DOO-ra sed lex |
A court must apply the law as it is, even if the result is harsh. The remedy for a harsh law is to change it by legislation, not to ignore it in court.
Example
A statute sets a fixed minimum punishment. The judge feels it is severe for the facts, but must still apply it.
Exceptions / limits
Courts may interpret a harsh provision in a way that avoids injustice where the words allow more than one meaning.
Exam tip
Asked as a short note or in questions on judicial discretion.
Memory trick
Hard law, still law.
Key takeaway
Judges apply the law as it is; changing it is for the legislature.
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