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NeCede's

Maxim 11.3.9

A derogatory clause does not prevent things from being dissolved by the same power which created them.

Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur.

Source: Bac. Max. Reg. 19; Jackson Difficulty 2/5 — Approachable

Explanation

No clause can bind the power that created it; the same authority that establishes a law or instrument may unmake it, regardless of any self-protecting language.

Where this applies

  • A law includes a clause saying it can't be changed but the same legislature can still change it.
  • The power that created the instrument can unmake it regardless of self-protecting language.
  • No clause can bind the power that enacted it.

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 11.3.9 — A derogatory clause does not prevent things from being dissolved by the same power which created them. — Bac. Max. Reg. 19; Jackson (Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur.)

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