Proprio Vigore
Samreen Saba
Associate Lawyer at Memon Law Associates(Advocates & Legal Consultants)
"Proprio vigore" is a Latin term that means "by its own force" or "by its own strength." It refers to something that has the inherent ability or capability to complete a task or achieve a result without the influence or assistance of others. This term is frequently used in legal contexts to denote that a specific action or authority originates from the intrinsic nature or power of a particular entity or legislation.
"Proprio vigore" is a Latin term that means "by its own force" or "by its own strength." It refers to something that has the inherent ability or capability to complete a task or achieve a result without the influence or assistance of others. This term is frequently used in legal contexts to denote that a specific action or authority originates from the intrinsic nature or power of a particular entity or legislation.
"Proprio vigore" is a Latin term from ancient Rome, which was the Roman Empire's official language. It combines the terms "proprio" which means "one's own" and "vigore" which means "force" or "strength." This expression refers to something that has intrinsic strength or force and can act without the assistance of others. Latin, the language of academia and law, has provided many phrases and terms that are used in a variety of areas, including legal terminology.
"Proprio vigore" refers to the concept of something having intrinsic authority to act without the need for external validation or aid. It can be used to describe legal rights, contractual terms, inherent authority, legal theories and principles, and natural law in legal and philosophical contexts. Legal rights, such as natural rights such as life or liberty, might exist "proprio vigore" since their authority and enforceability are derived from underlying principles. Contractual words can also be held valid "proprio vigore" in the absence of clear interpretation or external validation. Natural law frequently functions "proprio vigore" in philosophy and ethics, proposing that some moral principles are inherent in nature or human reasoning, giving a foundation for universally valid ethical judgments.
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The concept of "proprio vigore" in international law refers to the inherent authority and self-executing nature of certain legal principles, treaties, or customary practices. It applies to treaties and agreements, customary international law, peremptory norms, international human rights law, and international court decisions. Some provisions within these agreements are considered "proprio vigore," meaning they are self-executing and do not require additional domestic legislation for implementation. These provisions can directly influence the rights and obligations of states or entities without further action. Customary international law, arising from consistent state practice and opinio juris, can also hold inherent authority. Peremptory norms, such as the prohibition of torture or slavery, are recognized as having inherent authority and are non-derogable. International court decisions can also establish legal principles that operate "proprio vigore" within the international legal framework.
The concept of "proprio vigore" in Pakistan's legal system is not explicitly codified, but it can be found in various laws and legal doctrines. The Constitution holds inherent authority in defining the government structure, delineating fundamental rights, and establishing governance principles. Fundamental rights, such as equality, freedom of speech, freedom of religion, and fair trial, are often considered "proprio vigore." Islamic law, particularly Sharia, may also operate "proprio vigore" in family law, inheritance, and personal status. Legal doctrines and principles, such as equity, justice, and good conscience, may guide judicial interpretations and decisions. Customary law or traditional practices may also hold inherent authority in certain regions or communities, influencing legal proceedings and dispute resolution.