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NeCede's

Maxim 1.3.17

The custom of England is the law of England.

Consuetudo regni Angliae est lex Angliae.

Source: Jenk. Cent. 119; Jackson Difficulty 2/5 — Approachable

Explanation

The common law of England is nothing more and nothing less than the general custom of the realm — what the People have long practiced is what the law declares.

Where this applies

  • Someone argues that the common law of the country is separate from the customs of the people.
  • A party claims the common law exists independent of popular practice.

Legal domains

constitutionalinterpretation

Cite this maxim

NeCede Max. 1.3.17 — The custom of England is the law of England. — Jenk. Cent. 119; Jackson (Consuetudo regni Angliae est lex Angliae.)

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