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NeCede's

Maxim 8.2.9

The laws of war are especially to be preserved in the State.

In republica maxime conservanda sunt jura belli.

Source: 2 Inst. 58; Jackson Difficulty 2/5 — Approachable

Explanation

Even in wartime, the rules of law must be observed — the state's emergency powers do not extinguish the obligation to conduct warfare according to established legal principles.

Where this applies

  • During wartime, the government still needs to follow legal procedures.
  • Emergency powers don't mean the government can ignore the rule of law.

Legal domains

constitutional

Cite this maxim

NeCede Max. 8.2.9 — The laws of war are especially to be preserved in the State. — 2 Inst. 58; Jackson (In republica maxime conservanda sunt jura belli.)

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