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NeCede's

Maxim 1.5.119

The law of England cannot be changed but by Parliament.

Lex Angliae sine Parliamento mutari non potest.

Source: 2 Inst. 619; Jackson Difficulty 1/5 — Foundational

Explanation

Fundamental law cannot be altered by executive decree or judicial invention — only the legislative body, acting within its constitutional authority, may change the law.

Where this applies

  • The executive branch tries to change the law by decree without legislative action.
  • A court changes a fundamental legal rule through judicial ruling instead of legislation.

Legal domains

Cite this maxim

NeCede Max. 1.5.119 — The law of England cannot be changed but by Parliament. — 2 Inst. 619; Jackson (Lex Angliae sine Parliamento mutari non potest.)

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