Ubi Jus Ibi Remedium
Literal meaning: “Where there is a right, there is a remedy”
What does the Latin term "Ubi Jus Ibi Remedium" mean in law?
Ubi jus ibi remedium is a foundational legal maxim holding that for every violation of a legal right, the law must provide a corresponding remedy. This principle ensures that rights are not merely theoretical but are enforceable and meaningful. In constitutional law, it underpins the existence of judicial review and the availability of damages for constitutional violations. The maxim was central to the reasoning in Marbury v. Madison, where Chief Justice Marshall declared that the very essence of civil liberty requires that every individual whose right is invaded have a remedy. The principle also supports the development of equitable remedies when legal remedies are inadequate, ensuring that the law adapts to provide effective relief.
Source: General · Legal Latin
Legal Definition
Ubi jus ibi remedium is a foundational legal maxim holding that for every violation of a legal right, the law must provide a corresponding remedy. This principle ensures that rights are not merely theoretical but are enforceable and meaningful. In constitutional law, it underpins the existence of judicial review and the availability of damages for constitutional violations. The maxim was central to the reasoning in Marbury v. Madison, where Chief Justice Marshall declared that the very essence of civil liberty requires that every individual whose right is invaded have a remedy. The principle also supports the development of equitable remedies when legal remedies are inadequate, ensuring that the law adapts to provide effective relief.
How It's Used
Courts invoke this maxim to justify creating or recognizing new remedies when existing legal frameworks fail to provide adequate relief for established rights. The principle is particularly important in constitutional and human rights litigation, where courts may fashion injunctive or declaratory relief to vindicate fundamental rights.
Example Sentences
The court cited ubi jus ibi remedium in holding that the plaintiff was entitled to equitable relief because no adequate remedy at law existed for the ongoing privacy violation.
Chief Justice Marshall invoked the principle that where there is a legal right there is a legal remedy to establish the power of judicial review in Marbury v. Madison.
The appellate court reversed the dismissal, reasoning that the trial court's interpretation of the statute would leave the plaintiff without any remedy, violating the maxim ubi jus ibi remedium.