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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"). [1]
Thus, in reality, there is no such principle as delegatus non potest delegare; the maxim plays no real part in the decision of cases but is sometimes used as a convenient label. Consequently, in most cases the courts have adopted such a construction as will best accord with the facts of modern governmental agencies. [ 64 ]
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 ]
This issue was important because of the legal principle that a delegate of powers cannot then sub-delegate those powers, summarised by the legal maxim, delegatus non potest delegare ("one to whom power is delegated cannot himself further delegate that power").
Delegatus non potest delegare "That which has been delegated cannot delegate further." De minimis non curat lex "The law does not concern itself with the smallest things". There must be a minimal level of substance or impact in order to bring a legal action. Dubia in meliorem partem interpretari debent
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The Housing Corporation (Delegation) etc. Act 2006 (c 27) is an Act of the Parliament of the United Kingdom.It was enacted because it was discovered that the Housing Corporation had been delegating its functions without lawful authority. [4]