Lex Non a Rege Est Violanda

Lex Non a Rege Est Violanda

Literal Meaning

The law must not be violated even by the king. 

Origin

Lex Non a Rege Est Violanda, the law is not to be violated by the king is an old maxim, and equally applicable to the modern state. It is based on circumstances and situations of the case and hence this legal maxim is applied.

Explanation

lex non a rege est violanda, the law is not to be violated by the king is an old maxim, and equally applicable to the modern state. The discharge of a legal duty on the part, especially when it has remained unexplained, and was avoidable. The statutory right to elect candidates for municipal constituency could not, either directly or indirectly, be denied or abridged, but the non-compliance with the statutory provisions has in this case, violated the exercise of their right; and till the constituency is called to elect its representative, the franchise stands abridged.

Illustration

The king when deciding any case should not violate the law himself also. The law is equal for and it is same for every person. It is not discriminated on the basis of any post or position, it is same for every person whether he be king or not.

Cases Refered

Om Prakash Sood and anr. Vs. State of Himachal Pradesh and anr.[1]

 violations of any rights, whether of the citizen, or by the citizen, or the state, or by the state, may be judicially resisted and the rights may be enforced. lex non a rege est violanda, the law is not to be violated by the king is an old maxim, and equally applicable to the modern state. The discharge of a legal duty on the part especially when it has remained unexplained, and was avoidable. The statutory right to elect candidates for municipal constituency could not, either directly or indirectly, be denied or abridged, but the non-compliance with the statutory provisions has in this case, violated the exercise of their right; and till the constituency is called to elect its representative, the franchise stands abridged.

Costa Rica v/s Nicaragua[2]

In this case legal maxim was interpreted by the judges i.e. lex non a rege est violanda. This legal maxim says that even the king should not violate the law.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] Aug-03-1984.himachal Pradesh high court.

[2] Jul-13-2009. International Court of Justice ICJ

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