Maxim 2.6.7
The appointment of justices is by the sovereign; but ordinary jurisdiction is from the law.
Designatio justiciariorum est a rege; jurisdictio vero ordinaria a lege.
Source: 4 Inst. 74
Difficulty 2/5 — Approachable
Explanation
While the executive may appoint judges, the jurisdiction those judges exercise comes from the law itself, not from the appointing authority — the judge's power is defined by law, not by the will of whoever placed him on the bench.
Where this applies
- A judge is appointed by the governor but claims their power comes from the governor rather than the law.
- The source of judicial authority is disputed — does it come from the appointment or from the law?
Legal domains
See also
- 2.1.5 The king ought not to be under any man, but under God and under the law, for the law makes the king.
- 2.6.1 Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice.
- 8.1.2 A man ought not to be judge in his own cause, because he cannot act as both judge and party.
Cite this maxim
NeCede Max. 2.6.7 — The appointment of justices is by the sovereign; but ordinary jurisdiction is from the law. — 4 Inst. 74 (Designatio justiciariorum est a rege; jurisdictio vero ordinaria a lege.)
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