Maxim 8.5.45
Constitutions and laws precede the judiciary.
Source: Luther v. Borden, 7 How. (48 U.S.) 1, 52; Weisman, 65u
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) The judiciary is subordinate to the constitution and the laws — judges derive their authority from written law and cannot act beyond what the constitution and statutes authorize.
Where this applies
- A judge who issues an order that contradicts a clear constitutional provision is overruled, because the constitution is superior to any judicial act.
- A court cannot declare a statute unconstitutional and then enforce it anyway — the constitution and laws come first, and the judiciary is subordinate to them.
- A legislature passes a law, and a judge who personally disagrees with it must still apply it, because written law precedes and controls the judiciary.
Legal domains
Cite this maxim
NeCede Max. 8.5.45 — Constitutions and laws precede the judiciary. — Luther v. Borden, 7 How. (48 U.S.) 1, 52; Weisman, 65u
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