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NeCede's

Maxim 6.2.6

Public right cannot be diminished by private agreements.

Pactis privatorum juri publico derogari non potest.

Source: Dig. 50, 17, 45, 1; 7 Co. 23; Broom, Max. 695; Wing. Max. 201 Difficulty 1/5 — Foundational

Explanation

No contract between private parties — or between private parties and government officers — can take away rights belonging to the People at large.

Where this applies

  • A private company signed an agreement with the government that waives citizens' rights.
  • The city contracted with a surveillance company that violates residents' Fourth Amendment rights.

Legal domains

constitutionalcontract

See also

Cite this maxim

NeCede Max. 6.2.6 — Public right cannot be diminished by private agreements. — Dig. 50, 17, 45, 1; 7 Co. 23; Broom, Max. 695; Wing. Max. 201 (Pactis privatorum juri publico derogari non potest.)

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