Skip to content
NeCede's

Maxim 2.2.2

The derivative power cannot be greater than the original from which it is derived.

Derivativa potestas non potest esse major primitiva.

Source: Noy, Max. 16; Wing. Max. 66; Finch, Law, b. 1, c. 3; Weisman, 11b Difficulty 1/5 — Foundational

Explanation

Government cannot exercise a power greater than what the People delegated to it. What the People reserved, the government never possessed.

Where this applies

  • A government agency claims more power than the people originally delegated.
  • An official exercises authority beyond what was granted in the constitution.

Topics

Delegation of Authority

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 2.2.2 — The derivative power cannot be greater than the original from which it is derived. — Noy, Max. 16; Wing. Max. 66; Finch, Law, b. 1, c. 3; Weisman, 11b (Derivativa potestas non potest esse major primitiva.)

Found an error? Suggest a correction →