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NeCede's

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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