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NeCede's

Maxim 2.2.6

A power is strictly interpreted.

Potestas stricte interpretatur.

Source: Jenk. Cent. p. 17, case 29; Weisman, 11p Difficulty 1/5 — Foundational

Explanation

Government power is construed narrowly. What is not granted is withheld. Ambiguity in a grant of power is resolved against the government and in favor of the People's retained rights.

Where this applies

  • A government regulation is ambiguous and the question is whether it grants or restricts authority.
  • A grant of power is interpreted broadly by the government and narrowly by the citizen.

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 2.2.6 — A power is strictly interpreted. — Jenk. Cent. p. 17, case 29; Weisman, 11p (Potestas stricte interpretatur.)

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