Maxim 2.1.37
The king is both legal and politic.
Rex est legalis et politicus.
Source: Lane, 27; Jackson
Difficulty 3/5 — Intermediate
Explanation
The sovereign possesses both a legal capacity (bound by law) and a political capacity (exercising discretion within legal bounds) — neither is unlimited.
Where this applies
- A governor exercises executive discretion to pardon a prisoner (political capacity) but is also bound by the state constitution's procedural requirements for pardons (legal capacity), showing that the sovereign is both political and legal.
- A president makes a foreign policy decision (political capacity) but must comply with constitutional treaty requirements (legal capacity) because sovereign authority has both a discretionary and a legally bound dimension.
- A legislature exercises its political judgment in setting tax rates but is legally bound not to impose taxes that violate equal protection — the sovereign power is both political and legal.
Legal domains
Cite this maxim
NeCede Max. 2.1.37 — The king is both legal and politic. — Lane, 27; Jackson (Rex est legalis et politicus.)
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