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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