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NeCede's

Maxim 12.5.1

Whatever is done in excess is prohibited by law.

Quicquid in excessu actum est, lege prohibetur.

Source: 2 Inst. 107; Co. Litt. 44 Difficulty 1/5 — Foundational

Explanation

Excess in the exercise of any power or right is itself unlawful — the law permits the proper use of authority but condemns its overreach. (Duplicate maxim — see also 7.7.12.)

Where this applies

  • A government official exceeded their authority and the excess is unlawful.
  • Any exercise of power that goes beyond what's authorized is prohibited by law.
  • Overreach in the use of any right or power is itself illegal.

Legal domains

See also

Cite this maxim

NeCede Max. 12.5.1 — Whatever is done in excess is prohibited by law. — 2 Inst. 107; Co. Litt. 44 (Quicquid in excessu actum est, lege prohibetur.)

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