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NeCede's

Maxim 1.4.16

The civil law is what a people establishes for itself.

Source: Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N.Y.) 424, 426; Weisman, 36h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The civil law derives its authority from the consent of the people who adopt it — a statute imposed without the people's consent lacks the character of true law.

Where this applies

  • A government agency issues regulations that were never authorized by any statute the people's representatives enacted, and a citizen challenges them as lacking the consent of the governed.
  • A colonial territory objects to laws imposed by a distant parliament in which the colonists have no representation, arguing that civil law must originate from the people it governs.
  • A homeowners association adopts rules without a vote of its members, and a homeowner argues the rules are invalid because they were not established by the people they bind.

Legal domains

Cite this maxim

NeCede Max. 1.4.16 — The civil law is what a people establishes for itself. — Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N.Y.) 424, 426; Weisman, 36h

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