They are stretch pants, where a 40 is usually a little loose on me, these were a little snug, stretching to fit around my middle aged beer belly (I really am a 40 though, sometimes a 38), so the fit was a little snug.  That said, after wearing them, I get used to it and they are a tiny bit tight but not bad.  Also the button is a little bit large for the hole making these a tiny bit difficult to button - and this is the pants, not my waiste.  Promise.  So, why 5 stars.  Well, 2 reasons.  one, the price is good.  Two, they are light weight making them good summer pants.  I like light weight pants and they seem well put together so they will last for a while.  But mostly, cause I've gotten compliments wearing these which I didn't expect, but I can get away with wearing them to work.  Given the low price - that's a good rating.  4.5 stars, rounded up.