Delegata potestas non potest delegari
From Wikipedia, the free encyclopedia
In constitutional law, the principle delegata potestas non potest delegari (Latin) states that 'no subdelegated power can again be subdelegated'. This principle is present in several jurisdictions such as that of the United States and the United Kingdom.
For example, Catholic Canon law (Title XIII) states:
- Codex Iuris Canonici 137 § 1 Ordinary executive power can be delegated either for an individual case or for all cases, unless the law expressly provides otherwise.
- § 2 Executive power delegated by the Apostolic See can be subdelegated, either for an individual case or for all cases, unless the delegation was deliberately given to the individual alone, or unless subdelegation was expressly prohibited.
- § 3 Executive power delegated by another authority having ordinary power, if delegated for all cases, can be subdelegated only for individual cases; if delegated for a determinate act or acts, it cannot be subdelegated, except by the express grant of the person delegating.
- § 4 No subdelegated power can again be subdelegated, unless this was expressly granted by the person delegating.