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Delegata Potestas Non Potest Delegari
''Delegata potestas non potest delegari'' is a principle in constitutional and administrative law that means in Latin that "no delegated powers can be further delegated." Alternatively, it can be stated ''delegatus non potest delegare'' ("one to whom power is delegated cannot himself further delegate that power").Mullan, D.J. (2001) Essentials of Canadian Law: Administrative Law. Toronto: Irwin Law. . p. 368 The principle is present in several jurisdictions such as that of the United States, the United Kingdom and India as well as in Catholic canon law. Canada The principle was first articulated in Canada in 1943, in an article in the ''Canadian Bar Review'' by John Willis. While it is acknowledged as "the seminal articulation of the law governing the subdelegation of statutory and discretionary powers" and it is still often cited, it has not achieved the rigid standing that was originally intended. The maxim has had some success as an operating principle in the restriction of del ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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Carltona Principle
The ''Carltona'' doctrine (or ''Carltona'' principle) expresses the idea that, in United Kingdom law, the acts of government departmental officials are synonymous with the actions of the minister in charge of that department. The point was established in ''Carltona Ltd v Commissioners of Works.'' The judgment in ''Carltona'' Faced with the requisition of their factory by the wartime government, the factory owners raised a judicial review action to challenge the legality of the requisition order. The order had been made under the auspices of the Defence (General) Regulations 1939, which authorised the Commissioners of Works to requisition such land as they deemed necessary in the national interest. The Regulations specified that the Commissioner's powers were exercisable by, ''inter alia'', the Minister of Works and Planning. The factory owners sought to argue that the requisition was invalid because the order had not in fact been signed by the minister, but by an official within t ...
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Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome, which has ecclesiastical jurisdiction over the Catholic Church and the sovereign city-state known as the Vatican City. According to Catholic tradition it was founded in the first century by Saints Peter and Paul and, by virtue of Petrine and papal primacy, is the focal point of full communion for Catholic Christians around the world. As a sovereign entity, the Holy See is headquartered in, operates from, and exercises "exclusive dominion" over the independent Vatican City State enclave in Rome, of which the pope is sovereign. The Holy See is administered by the Roman Curia (Latin for "Roman Court"), which is the central government of the Catholic Church. The Roman Curia includes various dicasteries, comparable to ministries and ex ...
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1983 Code Of Canon Law
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church '' sui iuris'' of the Catholic Church. It was promulgated on 25 January 1983 by John Paul IISacrae Disciplinae Leges
accessed Jan-11-2013
and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the
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Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a total land area of . It is the second-largest country subdivision in the world, surpassed only by Russia's Sakha Republic. the state has 2.76 million inhabitants  percent of the national total. The vast majority (92 percent) live in the south-west corner; 79 percent of the population lives in the Perth area, leaving the remainder of the state sparsely populated. The first Europeans to visit Western Australia belonged to the Dutch Dirk Hartog expedition, who visited the Western Australian coast in 1616. The first permanent European colony of Western Australia occurred following the ...
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South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories by area, and second smallest state by population. It has a total of 1.8 million people. Its population is the second most highly centralised in Australia, after Western Australia, with more than 77 percent of South Australians living in the capital Adelaide, or its environs. Other population centres in the state are relatively small; Mount Gambier, the second-largest centre, has a population of 33,233. South Australia shares borders with all of the other mainland states, as well as the Northern Territory; it is bordered to the west by Western Australia, to the north by the Northern Territory, to the north-east by Queensland, to the east by New South Wales, to the south-east by Victoria, and to the south by the Great Australian Bight.M ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ...
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Acts Interpretation Act 1901
The ''Acts Interpretation Act 1901'' (Cth) is an Interpretation Act of the Parliament of Australia which establishes rules for the interpretation of Australian Acts and other legislation. The Act applies only to Commonwealth legislation, with each state and the self-governing territory having its own legislation."Acts Interpretation Act 1901" in Trischa Mann (ed.) ''Australian Law Dictionary'' via Oxford Reference Online, Oxford University Press, accessed 20 August 2011. The Act The Act sets out rules for the commencement (Part II), repeal and expiration (Part III) of Commonwealth acts; general provisions (Part IV) including what material may be considered when interpreting an act (Part V); the meaning of words and expression commonly used in legislation (Part VI) and judicial expressions in legal proceedings (Part VII); the measurement and expression of distance and time (Part VIII); how legislation may be cited (Part IX); and provides rules about the interpretation of legislat ...
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Government Of Australia
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federalism, federal parliamentary system, parliamentary constitutional monarchy. Like other Westminster system, Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the Prime Minister of Australia, prime minister, the Ministers of the Crown, ministers, and government departments), the legislative (the Parliament of Australia), and the Judiciary of Australia, judicial. The legislative branch, the federal Parliament, is made up of two chambers: the House of Representatives (Australia), House of Representatives (lower house) and Australian Senate, Senate (upper house). The House of Representatives has 151 Member of parliament, members, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal ...
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