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Delegata potestas non potest delegari is a principle in constitutional and administrative law that means in Latin that "no delegated powers can be further delegated". Alternatively, it can be stated delegatus non potest delegare ("one to whom power is delegated cannot himself further delegate that power").
It is not the case that the minister has delegated his decision-making power to a subordinate, and therefore the doctrine achieves consistency with the principle that Parliament's delegates have, unless specifically provided by statute, no power to delegate (delegatus non potest delegare).
This is known as the "non-delegation principle" [22] or the "presumption against delegation". [1] For example, in Barnard v National Dock Labour Board [1953] 2 QB 18, the Court of Appeal held that the delegation of disciplinary powers originally granted to the London Dock Labour Board to the port manager was unlawful. [23]
No longer just campaign trail rhetoric, President Donald Trump’s insistence that immigration to the United States amounts to an “invasion” may be critical to unlocking extraordinary powers ...
Relevance of delegatus non potest delegare maxim [ edit ] The doctrine of wrongful delegation is sometimes said to be a reflection of the Latin maxim delegatus non potest delegare (a delegate cannot appoint another), which means that a body to which or person to whom power was delegated by Parliament cannot further delegate the power to another.
Nemo potest nisi quod de jure potest: A person can do only things, which s/he can do lawfully. Under law, a thing which cannot be lawfully performed is considered not within one's power. Nemo potest praecise cogi ad factum: Nobody can be forced to a specific act Nemo potest venire contra factum proprium
This is who is affected by abortion legislation.
WASHINGTON/HOUSTON (Reuters) -The United States on Friday imposed new sanctions on eight Venezuelan officials and increased to $25 million the reward it is offering for the arrest of President ...