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.
Topics
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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