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NeCede's

Maxim 1.5.276

Law is from everlasting.

Lex est ab aeterno.

Source: Jenk. Cent. p. 34, case 66; Branch, Princ.; Weisman, 71d; Bouvier, Max. Difficulty 3/5 — Intermediate

Explanation

The common law is not a legislative creation but a reflection of eternal principles of justice; no parliament or legislature can claim to have invented rights that pre-exist all positive enactment.

Where this applies

  • A legislature claims the authority to define what rights the people possess, but the court holds that the common-law rights of the people predate any legislature and were not created by statute.
  • A government argues that a right not mentioned in the constitution does not exist, but the court finds that fundamental rights are eternal principles that no positive law created and no positive law can destroy.
  • An official argues that the people's right to travel freely is merely a statutory privilege, but the court holds that the right predates all legislation and exists from everlasting.

Legal domains

Cite this maxim

NeCede Max. 1.5.276 — Law is from everlasting. — Jenk. Cent. p. 34, case 66; Branch, Princ.; Weisman, 71d; Bouvier, Max. (Lex est ab aeterno.)

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