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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).
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.
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]
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
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
Summary of Mozambican Refugee Accounts of Principally Conflict-Related Experience in Mozambique Report Submitted to: Ambassador Jonathan Moore Director, Bureau for Refugee Programs
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]