Non Obstante

English Law: Non Obstante in the Past

These words, which literally signify despite, are used to express the act of the English king, by which he dispenses with the law, that is, authorizes its violation.

Developments

He cannot by his license or dispensation make an offence dispunishable which is malum in se; but in certain matters which are mala prohibita, be may, to certain people and on special occasions, grant a non obstante. 1 Th. Co. Litt. 76, n. 19; Vaugh. 330 to 359; Lev. 217; Sid. 6, 7; 12 Co. 18; Bac. Ab. Prerogative, D. 7. Vide Judgment non obstante veredicto. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about non obstante is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including non obstante.

See Also