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NeCede's

Maxim 6.8.11

Laws may be abrogated by the same authority by which they are made.

Leges eodem modo abrogari possunt quo constituuntur.

Source: Broom, Max. 785; Weisman, 7e Difficulty 2/5 — Approachable

Explanation

What the legislature enacted, the legislature may repeal. What the People established by constitution, only the People may alter — no lesser authority suffices.

Where this applies

  • Can a regulatory agency repeal a law that Congress passed?
  • Only the same body that created the law should have the power to repeal it.

Legal domains

See also

Cite this maxim

NeCede Max. 6.8.11 — Laws may be abrogated by the same authority by which they are made. — Broom, Max. 785; Weisman, 7e (Leges eodem modo abrogari possunt quo constituuntur.)

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