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NeCede's

Maxim 2.4.7

Liberty is more favored than all things.

Libertas omnibus rebus favorabilior est.

Source: Dig. 50, 17, 122; Weisman, 47e Difficulty 1/5 — Foundational

Explanation

In any conflict between government power and individual liberty, liberty is the favored position. The burden is on the government to justify the restriction.

Where this applies

  • A court must choose between protecting property rights and protecting personal liberty.
  • An ambiguous statute is construed in favor of individual freedom.

Legal domains

constitutionalprocedural

See also

Cite this maxim

NeCede Max. 2.4.7 — Liberty is more favored than all things. — Dig. 50, 17, 122; Weisman, 47e (Libertas omnibus rebus favorabilior est.)

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