Maxim 2.2.5
When anything is commanded, everything by which it can be accomplished is also commanded.
Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.
Source: 5 Co. 116; Weisman, 11g
Difficulty 2/5 — Approachable
Explanation
A grant of authority includes the means necessary to exercise it — but no more. The grant must exist before the means can be implied.
Where this applies
- An official argues they have implied powers beyond what is explicitly granted.
- A government agency claims powers not in its charter but necessary for its mission.
Legal domains
See also
Cite this maxim
NeCede Max. 2.2.5 — When anything is commanded, everything by which it can be accomplished is also commanded. — 5 Co. 116; Weisman, 11g (Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.)
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