Maxim 8.4.3
Where jurisdiction is given, those powers also are deemed granted without which the jurisdiction cannot be exercised.
Ubi jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest.
Source: Dig. 2, 1, 2; 1 Kent, Comm. 339
Difficulty 2/5 — Approachable
Explanation
The grant of jurisdiction carries with it every power necessary to its effective exercise — but no more; implied powers cannot exceed the original grant.
Where this applies
- The court has jurisdiction over my case — does that include the power to hold someone in contempt?
- If a tribunal is given authority to decide a matter, doesn't that include the tools needed to enforce it?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 8.4.3 — Where jurisdiction is given, those powers also are deemed granted without which the jurisdiction cannot be exercised. — Dig. 2, 1, 2; 1 Kent, Comm. 339 (Ubi jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest.)
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