delegatus non potest delegare

delegatus non potest delegare

‘a delegate himself cannot delegate’. See DELEGATION.

Delegatus non potest delegare. A delegate or deputy cannot appoint another. 2 Bouv. Inst. n. 1936; Story, Ag. Sec. 33.

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This curious legislative practice seems particularly unreasonable when coupled with a quite ancient rule of statutory construction: delegatus non potest delegare, or "a delegate may not re-delegate.
The judge in Delisle observed that the maxim delegatus non potest delegare was simply an interpretive rule.
First, it remains true that the exercise of powers by "statutory strangers" is an extraordinary phenomenon--the maxim delegatus non potest delegare continues to apply as a principle of statutory interpretation.

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