Delegatus non potest delegare
| Literal meaning | A delegate cannot delegate |
|---|---|
| Pronunciation | deh-leh-GAH-tus non POH-test deh-leh-GAH-ray |
A person who has been given power by another cannot pass that power on to a third person unless the law allows it. The power was given because of trust in that particular person.
Example
A statute gives a licensing power to a Commissioner. The Commissioner cannot hand the licensing decision to a private firm.
Exceptions / limits
- Where the statute allows sub-delegation, it is permitted.
- Routine or ministerial work may be done by subordinates.
Exam tip
Asked in administrative law on delegated legislation and in agency law.
Memory trick
Given to you, not to your friends.
Key takeaway
A person given power cannot hand it on without authority.
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