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NeCede's

Maxim 8.1.5

It is the duty of a judge to declare the law, not to make it.

Judicis est jus dicere, non dare.

Source: Lofft 42; Tray. Leg. Max. 283; Weisman, 63y Difficulty 1/5 — Foundational

Explanation

Legislation belongs to the legislature; the judicial office is to interpret and apply existing law, never to invent new law from the bench.

Where this applies

  • A judge created a new rule from the bench that the legislature never enacted.
  • The court is essentially making new law instead of applying existing law.

Legal domains

See also

Cite this maxim

NeCede Max. 8.1.5 — It is the duty of a judge to declare the law, not to make it. — Lofft 42; Tray. Leg. Max. 283; Weisman, 63y (Judicis est jus dicere, non dare.)

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