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25 Must-Know Legal Maxims for Constitutional & International Law
- The Law Gurukul
- Jun 19, 2025
- 3 min read
Legal maxims form the bedrock of constitutional governance and global legal principles. For CLAT aspirants, law students, and legal professionals, understanding these Latin phrases is essential for dissecting fundamental rights, treaties, and judicial review.
In this final installment of our 4-part series, we break down 25 pivotal maxims that shape democracy, human rights, and international relations.
1. Jus cogens
Meaning: "Compelling law" (universal norms no country can violate).
Example: Ban on genocide, slavery, and torture binds all nations.
2. Salus populi suprema lex
Meaning: "The welfare of the people is the supreme law."
Example: Pandemic lockdowns override individual freedoms for public health.
3. Pacta sunt servanda
Meaning: "Treaties must be obeyed."
Example: India must follow UN Charter provisions it ratified.
4. Jus soli
Meaning: "Right of soil" (citizenship by birth location).
Example: A baby born in the U.S. gets American citizenship automatically.
5. Jus sanguinis
Meaning: "Right of blood" (citizenship by parentage).
Example: A child of Indian parents born abroad can claim Indian citizenship.
6-25: Key Maxims for Governance & Global Order
Maxim | Meaning | Example |
6. Ultra vires | "Beyond powers." | A law passed by a state legislature on a central subject is invalid. |
7. Locus standi | "Right to sue." | Only affected persons can challenge a law (e.g., pollution victims). |
8. Audi alteram partem | "Hear the other side." | No one can be punished without a fair hearing. |
9. Doctrine of Proportionality | "Punishment must fit the crime." | Life imprisonment for petty theft is disproportionate. |
10. Doctrine of Severability | "Invalid parts can be severed." | If one section of a law is unconstitutional, only that part is struck down. |
11. Ejusdem generis | "Of the same kind." | If a law bans "arms, ammunition, and other weapons," other weapons means similar items (not nuclear bombs). |
12. Nemo judex in causa sua | "No one can judge their own case." | A minister cannot approve their own land acquisition. |
13. Quo warranto | "By what authority?" | Challenges illegal appointments (e.g., an unqualified IAS officer). |
14. Actus curiae neminem gravabit | "Court actions harm no one." | Judicial delays cannot deny justice. |
15. Jus gentium | "Law of nations." | Diplomatic immunity for ambassadors. |
16. Rebus sic stantibus | "Things standing thus." | Treaties can be void if circumstances change drastically (e.g., war). |
17. Pacta tertiis nec nocent nec prosunt | "Treaties bind only signatories." | The India-Pakistan Indus Treaty doesn’t bind Bangladesh. |
18. Opinio juris | "Belief in legal obligation." | Customary international law (e.g., prohibition of piracy). |
19. Terra nullius | "Land belonging to no one." | Historic justification for colonial occupation (now outdated). |
20. Uti possidetis juris | "As you possess under law." | Post-colonial borders remain fixed (e.g., India-Pakistan partition). |
21. Ex injuria jus non oritur | "Wrongful acts cannot create law." | Illegal annexations (e.g., Crimea) aren’t recognized. |
22. Jus ad bellum | "Right to wage war." | UN-approved wars (e.g., against ISIS) are legal. |
23. Jus in bello | "Laws during war." | Geneva Conventions protect POWs and civilians. |
24. Erga omnes | "Towards all." | Some rights (e.g., ban on genocide) bind all countries. |
25. Dura lex sed lex | "The law is harsh, but it is the law." | Even unpopular judgments (e.g., death penalty) must be enforced. |
Why These Maxims Matter?
Constitutional Law: Key for fundamental rights cases (e.g., Maneka Gandhi v. UoI).
International Disputes: Governs treaties, wars, and diplomacy.
Judiciary Exams: Frequently tested in legal reasoning sections.
How to Master Them?
Case Linking: Associate maxims with judgments (e.g., Kesavananda Bharati for basic structure doctrine).
Current Affairs: Apply to news (e.g., jus cogens in Ukraine-Russia war).
Mnemonics: Group by theme (e.g., "JUS" for international law: jus cogens, jus soli, jus ad bellum).
🔗 Missed Part 3? Read 25 Criminal & Tort Maxims Here
Your Turn!
Which maxim is most relevant in today’s world? Comment below!
(This concludes our 4-part series.)
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