Maxim 2.3.9
The laws of England in every case give favor to liberty.
Angliae jura in omni casu libertati dant favorem.
Source: Fortescue, c. 42
Difficulty 1/5 — Foundational
Explanation
In every legal dispute touching the freedom of the subject, the presumption runs in favor of liberty — the common law never construes against freedom when the question is doubtful.
Where this applies
- A legal question touches on personal freedom and the court must choose a side.
- Every doubtful case involving liberty is resolved in favor of the individual.
Legal domains
See also
Cite this maxim
NeCede Max. 2.3.9 — The laws of England in every case give favor to liberty. — Fortescue, c. 42 (Angliae jura in omni casu libertati dant favorem.)
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