Legal Definitions - prorogatio de tempore in tempus

The Latin phrase prorogatio de tempore in tempus refers to the historical practice of extending or postponing a legal authority, jurisdiction, or the session of a body (such as a court or parliament) from one specific time period to another. Essentially, it means to prolong or continue something that would otherwise expire, ensuring its temporary continuation.

• Example 1: Extending a Special Tribunal's Mandate

  Imagine a government establishes a special tribunal with a specific mandate to investigate and prosecute complex financial crimes, initially set to operate for two years. As the two-year mark approaches, the tribunal has made significant progress but still has a substantial caseload to complete. To ensure justice is served and the ongoing investigations are not abandoned, the government might invoke the principle of prorogatio de tempore in tempus to extend the tribunal's jurisdiction for an additional year. This action prolongs the tribunal's legal authority and operational period from its original end date to a new one.

• Example 2: Prolonging a Legislative Session

  Consider a national parliament that is scheduled to conclude its legislative session and go into recess on a particular date. However, a critical piece of legislation, such as an annual budget bill or an urgent national security act, is still under debate and has not been passed. To prevent a legislative vacuum and ensure essential government functions can continue, the head of state or government might exercise the power to prorogue the parliament, effectively extending its current session beyond the original adjournment date. This extends the period during which the legislative body can conduct its business from one time to another.

• Example 3: Renewing Emergency Powers

  During a severe public health crisis, a government might enact emergency legislation granting itself special powers to manage the situation, with these powers initially valid for a period of six months. If, at the end of this period, the crisis is still ongoing and the special measures are deemed necessary for public safety, the government could seek to extend these emergency powers for another defined period, perhaps three more months. This renewal of authority, extending the legal basis for the government's actions from one time frame to the next, illustrates the concept of prorogatio de tempore in tempus.