Delegata potestas non potest delegari

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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]
The principle is present in several jurisdictions such as that of the United States, the United
Kingdom and India as well as in Catholic canon law.

Contents

1Canada
2India
3United States
4Australia
5Catholic canon law
6See also
7References

Canada[edit]
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"[1] and it is still often cited,[2] it has not achieved the rigid standing that was 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 administrative powers. [1] Exceptions are rare and dependent on the statute
conferring power.[3][4]

India[edit]
In India, the law was first stated in A K ROY v. State Of Punjab, (1986) 4 SCC 326, that sub delegation of
delegated power is ultra vires to the Enabling Act.[5][6]

United States[edit]
In the United States, one of the earliest mentions of the principle occurred when it was cited by counsel for one
of the litigants before the Supreme Court of Pennsylvania in 1794, in M'Intire v. Cunningham, 1 Yeates 363 (Pa.
1794). The summary of the case reports, "Mr. Wilson had given no power to Noarth to transact his business; but
if he even had, it is a maxim, that delegata potestas non potest delegari."[7]
The maxim was first cited by the Supreme Court of the United States in United States v. Sav. Bank, 104 U.S.
728 (1881) in which the case summary reports that one of the litigants argued, "The duty imposed by statute on
the commissioner cannot be delegated to a collector. Delegata potestas non potest delegari." [8]

Australia[edit]
In Australia the maxim has been largely superseded by Statute and common law.[9][10][11]There is a long line of
authorities applying the Carltona principles[12] to Australia.[13][14][15][16]
Though courts have found that where a stature expressly requires a personal action, such delegation is not
possible.[17][18][19]
In Dooney[20] The High Court of Australia(Callinan J),[21] observed that "No permanent head of a department in the
Public Service is expected to discharge personally all the duties which are performed in his name and for which
he is accountable to the responsible Minister."
This caselaw has been backed up by legislation. Section 34AA and 34AAB of the federal governments Acts
Interpretation Act 1901 clearly create a statutory power to delegate, contrary to the maxim. The federal
legislation is echoed in some state legislation [22][23][24]