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NeCede's

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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