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the remedy is destroying the right itself — a government that removes all means of enforcement has effectively repealed the right, whatever it claims in words.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
Found an error? Suggest a correction →