Define: Cujus Est Instituere Ejus Est Abrogare

The phrase “Cujus Est Instituere Ejus Est Abrogare” is a Latin legal maxim that translates to “He who can establish can also abolish.” It signifies that the power to create laws also includes the authority to repeal or revoke them.

In modern legal systems, the principle of “Cujus Est Instituere Ejus Est Abrogare” is often applied to grant legislative bodies the authority to enact and amend laws. It recognises that the same entity or body that has the power to create laws also possesses the power to repeal or modify them.

Yes, the principle applies to all types of laws, including statutes, regulations, and ordinances. It acknowledges that the entity or body responsible for enacting a particular law has the inherent authority to revoke or modify it.

No, generally, only the legislative body that enacted a law has the authority to abolish or repeal it. Other individuals or organisations may propose changes or advocate for the repeal of a law, but the ultimate power to abolish it lies with the legislative body.

While the principle grants the power to repeal or modify laws, it is subject to constitutional limitations and legal procedures. In many legal systems, specific procedures, such as voting or public consultation, must be followed before a law can be abolished or amended.

In most democratic systems, the executive branch does not possess the authority to unilaterally abolish a law. The separation of powers ensures that the legislative branch retains the primary responsibility for creating, amending, and repealing laws.

In certain legal systems, there may be exceptions to the principle, such as when a higher authority, such as a constitution or international treaty, limits the power of the legislative body to repeal certain laws. Additionally, some laws may contain provisions that require a supermajority vote or a referendum for their repeal.

Yes, like any legal principle, the principle of “Cujus Est Instituere Ejus Est Abrogare” can be overridden or modified by other legal principles or constitutional provisions. For example, fundamental rights or principles of justice may limit the power of the legislative body to repeal certain laws.

While the principle is widely recognised in many legal systems, its application and interpretation may vary across jurisdictions. Different countries may have specific constitutional provisions or legal frameworks that modify or restrict the power of the legislative body to repeal laws.