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NeCede's

Maxim 1.2.3

The laws of England are threefold: common law, customs, and decrees of Parliament.

Leges Angliae sunt tripartitae: jus commune, consuetudines, ac decreta comitiorum.

Source: Jackson 486; 1 Bl. Comm. 63; Wharton Difficulty 2/5 — Approachable

Explanation

Statute is only one of three sources of law — common law and custom operate with equal force, and statutes that derogate from them are strictly construed.

Where this applies

  • A statute is being interpreted broadly to take away common law rights.
  • The government uses a vague statute to override a long-standing common law protection.

Topics

Common Law

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 1.2.3 — The laws of England are threefold: common law, customs, and decrees of Parliament. — Jackson 486; 1 Bl. Comm. 63; Wharton (Leges Angliae sunt tripartitae: jus commune, consuetudines, ac decreta comitiorum.)

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