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NeCede's

Maxim 10.6.6

What is generally granted carries this exception: if it be not contrary to law and right.

Quod generaliter conceditur inest haec exceptio, si non aliquid sit contra jus fasque.

Source: Wing. Max.; 10 Co. 78 Difficulty 2/5 — Approachable

Explanation

Every general grant is subject to an implied limitation: it cannot authorize what the law forbids; no general language, however broad, may be read to sanction illegality.

Where this applies

  • A general grant of power doesn't authorize doing something illegal.
  • No matter how broadly authority is granted, it can't sanction what the law forbids.
  • Every general grant carries an implied exception: nothing contrary to law.

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 10.6.6 — What is generally granted carries this exception: if it be not contrary to law and right. — Wing. Max.; 10 Co. 78 (Quod generaliter conceditur inest haec exceptio, si non aliquid sit contra jus fasque.)

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