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NeCede's

Maxim 7.9.16

To take away all remedy for the enforcement of a right is to take away the right itself.

Source: Virginia Coupon Cases, 114 U.S. 270, 303; Weisman, 94e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Destroying the remedy is destroying the right itself — a government that removes all means of enforcement has effectively repealed the right, whatever it claims in words.

Where this applies

  • A state that eliminates all courts where a citizen could challenge an unlawful tax has effectively eliminated the citizen's right to be free from unlawful taxation.
  • A legislature that removes every procedure for appealing a license revocation has effectively destroyed the right to hold that license.
  • If a government strips all legal mechanisms for enforcing a property right, the property right itself ceases to exist in any meaningful sense.

Legal domains

Cite this maxim

NeCede Max. 7.9.16 — To take away all remedy for the enforcement of a right is to take away the right itself. — Virginia Coupon Cases, 114 U.S. 270, 303; Weisman, 94e

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