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NeCede's

Maxim 12.3.12

An act of legislature to have force of law must be intelligibly expressed and when too vague is a nullity.

Source: Larkin v. Consolidated Telegraph, 85 N.Y.S. (2d) 631; Weisman, 15g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A statute so vague that a reasonable person cannot determine its meaning violates due process of law and is void — the legislature must express its commands with sufficient intelligibility to be obeyed.

Where this applies

  • A state legislature passes a criminal statute so vague that citizens cannot tell what conduct is prohibited — the court strikes it down as void for vagueness.
  • A city ordinance bans 'inappropriate behavior in public' without defining what that means — a defendant challenges the law because no reasonable person can know what it forbids.
  • A regulation requires businesses to maintain 'adequate' safety measures but never defines what 'adequate' means — the rule is struck down as unconstitutionally vague.

Legal domains

Cite this maxim

NeCede Max. 12.3.12 — An act of legislature to have force of law must be intelligibly expressed and when too vague is a nullity. — Larkin v. Consolidated Telegraph, 85 N.Y.S. (2d) 631; Weisman, 15g

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