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NeCede's

Maxim 1.7.4

Under pretext of legality, what is illegal ought not to be admitted.

Sub praetextu legalitatis, non debet admitti illicitum.

Source: Wing. Max. p. 728, max. 196; Weisman, 73a Difficulty 1/5 — Foundational

Explanation

A lawful label on an unlawful act does not sanitize it — the law strips away pretense and judges the substance of the act.

Where this applies

  • A government officer exceeds their lawful authority and claims they were acting officially.
  • Someone exercises power they were never legally given.

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 1.7.4 — Under pretext of legality, what is illegal ought not to be admitted. — Wing. Max. p. 728, max. 196; Weisman, 73a (Sub praetextu legalitatis, non debet admitti illicitum.)

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