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NeCede's

Maxim 2.1.1

The law makes the government, not the government the law.

Lex facit regem, non rex legem.

Source: Bracton; Fleta, lib. 1, c. 17; C.L.M.; Weisman, 51b Difficulty 1/5 — Foundational

Explanation

Government derives its existence from law — it cannot place itself above the law that created it.

Where this applies

  • A government official claims to be above the law they enforce.
  • A legislature passes a law and then exempts itself from following it.

Legal domains

See also

Cite this maxim

NeCede Max. 2.1.1 — The law makes the government, not the government the law. — Bracton; Fleta, lib. 1, c. 17; C.L.M.; Weisman, 51b (Lex facit regem, non rex legem.)

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