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NeCede's

Maxim 2.1.27

Were the executive power not to have a right of restraining the encroachments of the legislative body, the latter would become despotic.

Source: Montesquieu, The Spirit of Laws; Weisman, 51j Difficulty 1/5 — Foundational

Explanation

(English-origin maxim.) The executive power must have the ability to check legislative overreach — without this restraint, the legislature becomes despotic, which is the foundation for the executive veto and separation of powers.

Where this applies

  • The legislature passes laws without any check from the executive branch.
  • A government branch accumulates too much power because the other branches fail to restrain it.

Legal domains

Cite this maxim

NeCede Max. 2.1.27 — Were the executive power not to have a right of restraining the encroachments of the legislative body, the latter would become despotic. — Montesquieu, The Spirit of Laws; Weisman, 51j

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