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
Found an error? Suggest a correction →