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NeCede's

Maxim 1.7.8

Necessity makes lawful what is otherwise not lawful.

Aliquid quod non est licitum in lege, necessitas facit licitum.

Source: 10 Co. 61; Noy, Max. Difficulty 1/5 — Foundational

Explanation

In cases of true necessity — where the preservation of life or the prevention of greater harm demands immediate action — acts otherwise unlawful are excused. But the necessity must be genuine, not manufactured.

Where this applies

  • A government agency acts outside the law and claims emergency powers.
  • An official exercises authority that no law authorizes.

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 1.7.8 — Necessity makes lawful what is otherwise not lawful. — 10 Co. 61; Noy, Max. (Aliquid quod non est licitum in lege, necessitas facit licitum.)

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