Maxim 6.3.6
Private contracts cannot derogate from public right.
Conventio privatorum non potest publico juri derogare.
Source: Wing. Max. 201; 7 Co. 23; Co. Litt. 166a; Dig. 50, 17, 45, 1; Broom, Max. 695; Jackson 149; Weisman, 24i
Difficulty 1/5 — Foundational
Explanation
This is the master rule of contract law in the constitutional order. No contract — whether between private parties or between a citizen and the government — can bargain away the rights of the People. Government cannot contract away the constitution.
Where this applies
- The government signed a contract with a private company to waive environmental protections.
- Two parties agreed in a contract that the public wouldn't have access to a public road.
Topics
Legal domains
See also
- 2.1.2 All political power is inherent in the People by decree of God; none can exist except it be derived from them.
- 2.2.1 A delegated authority cannot be again delegated.
- 6.2.5 There is no doubt that the rights of others cannot be impaired by private agreements.
- 6.2.6 Public right cannot be diminished by private agreements.
Cite this maxim
NeCede Max. 6.3.6 — Private contracts cannot derogate from public right. — Wing. Max. 201; 7 Co. 23; Co. Litt. 166a; Dig. 50, 17, 45, 1; Broom, Max. 695; Jackson 149; Weisman, 24i (Conventio privatorum non potest publico juri derogare.)
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