Skip to content
NeCede's

Maxim 2.1.34

Royal prerogatives pertaining to the Crown depart from the Crown by the consent of the kings.

Libertates regales ad coronam spectantes ex concessione regum a corona exierunt.

Source: 2 Inst. 496; Jackson Difficulty 3/5 — Intermediate

Explanation

Royal prerogatives are not inherent but derived from law; they may be relinquished or limited by the sovereign's own consent or by constitutional constraint.

Where this applies

  • A state legislature votes to limit the governor's emergency powers, and the court upholds the restriction because governmental prerogatives can be surrendered or constrained by the sovereign's own constitutional act.
  • Parliament voluntarily cedes certain powers to a new constitutional court, and the transfer is valid because sovereign prerogatives depart from the sovereign by the sovereign's own consent.
  • A county government agrees by charter amendment to limit its own taxing power, and the restriction is enforceable because governmental authority can be voluntarily relinquished through the proper legal process.

Legal domains

Cite this maxim

NeCede Max. 2.1.34 — Royal prerogatives pertaining to the Crown depart from the Crown by the consent of the kings. — 2 Inst. 496; Jackson (Libertates regales ad coronam spectantes ex concessione regum a corona exierunt.)

Found an error? Suggest a correction →