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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]
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.
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 ]
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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").
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