Delegata potestas non potest delegari
From Wikipedia, the free encyclopedia
In constitutional and administrative law, the principle delegata potestas non potest delegari (Latin) states that ‘no delegated powers can be further delegated’. Alternatively, it can be stated delegatus non potest delegare, ‘those to whom power is delegated cannot themselves further delegate that power’[1]. This principle is present in several jurisdictions such as that of the United States and the United Kingdom.
[edit] Catholic Canon law
Catholic Canon law (Title XIII) states:
- Codex Iuris Canonici 137 § 1 Ordinary executive power can be delegated either for an individual case or for all cases, unless the law expressly provides otherwise.
- § 2 Executive power delegated by the Apostolic See can be subdelegated, either for an individual case or for all cases, unless the delegation was deliberately given to the individual alone, or unless subdelegation was expressly prohibited.
- § 3 Executive power delegated by another authority having ordinary power, if delegated for all cases, can be subdelegated only for individual cases; if delegated for a determinate act or acts, it cannot be subdelegated, except by the express grant of the person delegating.
- § 4 No subdelegated power can again be subdelegated, unless this was expressly granted by the person delegating.
[edit] Canada
The principle was first articulated in Canada in 1943 in an article in the Canadian Bar Review by John Willis. While it is acknowledged as "the seminal articulation of the law governing the subdelegation of statutory and discretionary powers"[2] and is still often cited,[3] it has not achieved the rigid standing originally intended. The maxim has had some success as an operating principle in the restriction of delegation of legislative and judicial powers but the demands of modern governmental regulatory practices have inhibited its application in the delegation of administative powers.[4] Exceptions are rare and dependent on the statue conferring power.[5][6]
[edit] References
- ^ Mullan, D.J. (2001) Essentials of Canadian Law: Administrative Law. Toronto: Irwin Law. ISBN 1-55221-009-X. p. 368
- ^ Ibid
- ^ Comeau's Sea Foods Ltd. v. Canada (Minister of Fisheries and Oceans), [1997] 1 S.C.R. 12
- ^ Mullan, Administrative Law, p. 368
- ^ Ibid,p. 370
- ^ Ramawad v. Canada (Minister of manpower and Immigration) 2 S.C.R. 375
