What is the significance of the principle of 'expressio unius est exclusio alterius'?

Study for the Queensland Bar Exam. Prepare with flashcards and multiple-choice questions, each featuring hints and detailed explanations. Get ready for success!

The principle of 'expressio unius est exclusio alterius' translates to "the express mention of one thing excludes others." This legal maxim is significant in statutory interpretation as it helps to clarify the intended scope of a statute by indicating that if a law specifies certain items or categories, it implicitly excludes anything not mentioned. This aids courts in understanding legislative intent and determining the applicability of the law.

In practice, when a statute lists specific provisions or elements, this principle allows judges to conclude that the legislature intended not to include those that are not expressly listed. This can be particularly useful in ensuring that the interpretation aligns with the legislative purpose, promoting consistency and predictability in legal outcomes.

In contrast, the other options do not accurately reflect the role of this principle. The notion of creating new laws based on necessity does not relate to this principle's established interpretive function. Interpreting statutes based on public sentiment is more aligned with principles related to the social and cultural context of law rather than with the text itself. Lastly, limiting the amount of evidence presented in court is an evidentiary principle rather than a matter of statutory interpretation.

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