Maxim 1.3.24
A custom of the truest antiquity is to be retained.
Source: 4 Coke, 78; Weisman, 27v
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A custom of proven antiquity should be preserved and enforced — use this to defend a longstanding practice against legislative or administrative attempts to abolish it.
Where this applies
- A legislature attempts to abolish the common-law right of self-defense, but the court preserves it because it is a custom of the truest antiquity traceable to time immemorial.
- A city tries to eliminate the ancient practice of public access to navigable waterways, but the court holds that such a deeply rooted custom must be retained.
- An agency attempts to remove the longstanding right to a hearing before property deprivation, but the court finds the custom too ancient and fundamental to discard.
Legal domains
Cite this maxim
NeCede Max. 1.3.24 — A custom of the truest antiquity is to be retained. — 4 Coke, 78; Weisman, 27v
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