Maxim 1.5.290
Where there is no authority to establish, there is no necessity to obey.
Source: Dav. 69; Bouv. 160; Weisman, 72e; Weisman, 11i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim — no Latin equivalent; the English title is the original form.) An act of government made without constitutional authority imposes no obligation on the People — cite this to challenge any regulation, order, or mandate for which no delegated power can be shown.
Where this applies
- A city imposes a curfew but cannot point to any constitutional or statutory provision authorizing it, and residents refuse to comply because there is no duty to obey a rule that has no lawful source.
- A school board mandates a curriculum requirement but has no enabling legislation granting it that power, and parents argue they are not bound to follow an order backed by no authority.
- An administrative agency issues a cease-and-desist order but cannot identify the statute that authorizes it, and the recipient disregards it because where there is no authority to establish a rule, there is no necessity to obey.
Legal domains
Cite this maxim
NeCede Max. 1.5.290 — Where there is no authority to establish, there is no necessity to obey. — Dav. 69; Bouv. 160; Weisman, 72e; Weisman, 11i
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