Maxim 6.8.5
Whose it is to institute, his it is also to abrogate.
Cujus est instituere, ejus est abrogare.
Source: Broom, Max. 785; Wing. Max.; Weisman, 7k; Weisman, 77e
Difficulty 1/5 — Foundational
Explanation
The power to create includes the power to destroy. The People who established the constitution and government retain the exclusive power to alter or abolish both — no creature of the constitution can claim that power for itself.
Where this applies
- The people established the government — can the government prevent the people from changing it?
- Congress created an agency — can that agency stop Congress from shutting it down?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 6.8.5 — Whose it is to institute, his it is also to abrogate. — Broom, Max. 785; Wing. Max.; Weisman, 7k; Weisman, 77e (Cujus est instituere, ejus est abrogare.)
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