Important Legal Definitions

"That the thing may rather have effect than be destroyed." A presumption of statutory validity holding that an enactment or contractual clause should be construed so as to make it valid, operational, and effective rather than rendering it void or futile.

In Corporation of Calcutta v. Liberty Cinema, the Supreme Court applied this rule to save a municipal levy, holding that if a statutory provision is capable of two constructions—one that validates it and one that renders it unconstitutional—the court must adopt the interpretation that preserves the law.