Maxim 1.4.18
Laws derived from the pure source of equity and justice must be founded on the consent of those whose obedience they require.
Source: C.L.M.; Weisman, 36s
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) No law is legitimate unless it rests on the consent of the governed — invoke this maxim to challenge any regulation, ordinance, or statute imposed upon the People without their genuine consent, as all just authority flows upward from the sovereign People, not downward from government.
Where this applies
- Citizens challenge a tax that was imposed by an unelected board with no legislative authorization, arguing that laws requiring their obedience must rest on their consent.
- A regulation restricts a fundamental right but was never approved by any elected body, and the affected parties argue it lacks legitimacy because just laws must be founded on the consent of the governed.
- A mandatory fee is levied on property owners by an administrative agency acting alone, and the owners invoke this maxim to argue that no obligation can arise without the consent of those it binds.
Cite this maxim
NeCede Max. 1.4.18 — Laws derived from the pure source of equity and justice must be founded on the consent of those whose obedience they require. — C.L.M.; Weisman, 36s
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