Skip to content
NeCede's

Maxim 8.9.8

Non-enforcement does not abolish the law.

Desuetudo non tollit legem.

Source: Louisville & N. R.R. v. U.S., 282 U.S. 740, 759; Weisman, 42f Difficulty 1/5 — Foundational

Explanation

The failure to enforce a law does not repeal it — the law remains in force and may be invoked at any time, regardless of how long it has gone unenforced.

Where this applies

  • This law hasn't been enforced in 50 years — is it still valid?
  • Just because a law hasn't been used recently doesn't mean it's been repealed.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 8.9.8 — Non-enforcement does not abolish the law. — Louisville & N. R.R. v. U.S., 282 U.S. 740, 759; Weisman, 42f (Desuetudo non tollit legem.)

Found an error? Suggest a correction →