Maxim 6.8.3
A clause which excludes the power of abrogation is void from the beginning.
Clausula quae abrogationem excludit ab initio non valet.
Source: Broom, Max. 27; Bacon, Max. reg. 19; Jackson 111
Difficulty 2/5 — Approachable
Explanation
No law or contract can make itself perpetual and irrevocable — the People always retain the sovereign power to alter or abolish what they have created. (Duplicate maxim — see also 11.3.1.)
Where this applies
- A statute says it can never be repealed — is that enforceable?
- A contract clause says the agreement can never be terminated — is that valid?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 6.8.3 — A clause which excludes the power of abrogation is void from the beginning. — Broom, Max. 27; Bacon, Max. reg. 19; Jackson 111 (Clausula quae abrogationem excludit ab initio non valet.)
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