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NeCede's

Maxim 1.7.5

We are able to do only that which we can do lawfully.

Id possumus quod de jure possumus.

Source: Bouvier, Max. 129; Weisman, 73c Difficulty 1/5 — Foundational

Explanation

Power without lawful authority is no power at all — an officer who exceeds his lawful commission acts as a private person, not as an agent of the law.

Where this applies

  • An illegal act is disguised under a legal label.
  • Someone claims authority to do something they have no lawful power to do.

Legal domains

constitutionalcriminal

See also

Cite this maxim

NeCede Max. 1.7.5 — We are able to do only that which we can do lawfully. — Bouvier, Max. 129; Weisman, 73c (Id possumus quod de jure possumus.)

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