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Administrative Law
Development of
Administrative Law
Sub Delegation
Classi cation of
Administrative Power /
Action
Delegated Legislation
Control of Delegated
Legislation
Administrative
When the rule-making authority delegates to itself or to some other subordinate
Discretion
authority a further power to issue rules, such exercise of rule-making power is
Administrative known as sub-delegated legislation.
Adjudication
Rule-making authority cannot delegate power unless such power of delegation is
contained in the enabling act. Such authorization may be either express or by
Quasi Judicial Bodies
necessary implication.
Principles of Natural
Maxim ‘delegatus non potest delegare’ indicates that sub-delegation of power is
Justice
normally not allowable, though the legislature can always provide for it.
Ombudsman
If the authority further delegates its law-making power to some other authority
and retains a general control of a substantial nature over it, there is no delegation
Public Undertaking
as to attract the doctrine of ‘delegatus non potest delegare.’
Supreme Court's Role
The maxim was originally invoked in the context of delegation of judicial powers
in Development of
and implied that in the entire process of adjudication, a judge must act personally
Administrative Law in
except in so far as he is expressly absolved from his duty by a statute.
Nepal
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