Elders do not create new law through interpretation
Limits on Elder Interpretation
Status: Working Category: Tsm’syen Laws and Legal Orders
Statement
Elders do not create new law through interpretation.
Meaning
Interpretation is the clarification of how Ayaawx applies to specific situations. It does not authorize the creation, invention, or alteration of law.
Elders assist the community in understanding law; they do not legislate it.
Scope of Interpretation
Elder interpretation may:
- Explain how Ayaawx applies to present circumstances
- Refer to Adaawx, precedent, and witnessed outcomes
- Clarify responsibilities and limits of authority
- Identify unlawful conduct or misuse of role
Elder interpretation may not:
- Establish new rules
- Override Ayaawx
- Replace house, clan, or lawful collective processes
- Bind future generations beyond recognized law
Protection Against Abuse
This principle prevents:
- Expansion of authority through interpretation
- Personal rule disguised as wisdom
- Political or external influence entering through elder guidance
- Retroactive justification of unlawful acts
Legal Effect
Interpretation that creates new law is unlawful. Such acts lose legitimacy and may be corrected through proper process.