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.

References in periodicals archive ?

(i) Unlawful delegation delegatus non potest delegare:

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION AND ITS PREREQUISITES: A CRITICAL ANALYSIS

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 classic statement of that doctrine (and its exceptions) was provided by John Willis, a Canadian author whose short article was cited all over the Commonwealth for the next forty years: "A discretion conferred by statute is prima facie intended to be exercised by the authority on which the statute has conferred it and by no other authority...." (3)

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.