Maxim 2.2.21
One has authority when he has a legal or rightful power to act.
Source: C.L.M.; Weisman, 11j
Explanation
(English-origin maxim.) Authority requires a lawful foundation — a person claiming power to act must demonstrate the legal source of that power.
Where this applies
- An official takes an action and is asked to point to the specific law granting him that power.
- Someone claims to act on behalf of an agency but cannot show any lawful grant of authority.
Cite this maxim
NeCede Max. 2.2.21 — One has authority when he has a legal or rightful power to act. — C.L.M.; Weisman, 11j
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