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NeCede's

Maxim 8.9.7

Not only what is lawful, but what is fitting, must be considered; because nothing that is unfitting is lawful.

Non solum quid liceat, sed quid sit conveniens est considerandum; quia nihil quod est inconveniens est licitum.

Source: Co. Litt. 66a Difficulty 2/5 — Approachable

Explanation

In the execution of law, the manner matters as much as the authority — lawful power exercised in an oppressive or unreasonable fashion ceases to be lawful.

Where this applies

  • The police technically had authority to search my home but they did it in an oppressive way.
  • A lawful power exercised unreasonably becomes unlawful.

Legal domains

constitutionalprocedural

See also

Cite this maxim

NeCede Max. 8.9.7 — Not only what is lawful, but what is fitting, must be considered; because nothing that is unfitting is lawful. — Co. Litt. 66a (Non solum quid liceat, sed quid sit conveniens est considerandum; quia nihil quod est inconveniens est licitum.)

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