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NeCede's

Maxim 7.7.12

Whatever is done in excess is prohibited by law.

Quicquid in excessu actum est, lege prohibetur.

Source: Bouvier's Law Dictionary; 2 Co. Inst. 107; Weisman, 41b Difficulty 1/5 — Foundational

Explanation

The law sets bounds to every right and every power; action that exceeds those bounds is itself a wrong, regardless of whether the underlying authority was legitimate. (Duplicate maxim — see also 12.5.1.)

Where this applies

  • A police officer used more force than necessary during an arrest.
  • A government agency exceeded its statutory authority in enforcing a regulation.

Legal domains

constitutionalcriminal

See also

Cite this maxim

NeCede Max. 7.7.12 — Whatever is done in excess is prohibited by law. — Bouvier's Law Dictionary; 2 Co. Inst. 107; Weisman, 41b (Quicquid in excessu actum est, lege prohibetur.)

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