Delegation (law)
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Delegation (law)
In contract law and administrative law, delegation (Latin ''intercessio'') is the act of giving another person the responsibility of carrying out the performance agreed to in a contract. Three parties are concerned with this act - the party who had incurred the obligation to perform under the contract is called the ''delegator''; the party who assumes the responsibility of performing this duty is called the ''delegatee''; and the party to whom this performance is owed is called the ''obligee''. Contract law Delegable contracts A delegation will be null and void if it poses any threat to the commercially reasonable expectations of the obligee. For example, a task requiring specialized skills or based on the unique characteristics of the promisee can not be delegated. If a specific celebrity was hired to make a speech, they could not delegate the task to another person, even if the other person would give the same speech, word for word. However, a delegation of performance that does ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Chief Executive Officer
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially an independent legal entity such as a company or nonprofit institution. CEOs find roles in a range of organizations, including public and private corporations, non-profit organizations and even some government organizations (notably state-owned enterprises). The CEO of a corporation or company typically reports to the board of directors and is charged with maximizing the value of the business, which may include maximizing the share price, market share, revenues or another element. In the non-profit and government sector, CEOs typically aim at achieving outcomes related to the organization's mission, usually provided by legislation. CEOs are also frequently assigned the role of main manager of the organization and the highest-ranking offic ...
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Abrogation In Public Law
In public law, abrogation is the ''proposing away'' of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. The abrogation of such a responsibility or duty, unless required by primary legislation would amount to an unconstitutional delegation of power to a foreign government or other sovereign power. It is a protected value at Common Law that Parliament has legislative supremacy even to the point that the sovereign power extends to the breaking of treaties, if need be. Delegation of responsibility In the judicial review ''R (on the application of Andrew Michael March) v Secretary of State for Health'' which challenged the UK Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry , there was reference to abrogation in the 2009 legal papers of both the defendant and the claimant which led up to the hearing the following year. The claim form, dated 18 August 2009, originall ...
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Delegated Legislation In The United Kingdom
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament. Statutory Instruments are the most frequently used type of secondary legislation, with approximately 3,500 made each year, although only about 1,000 need to be considered by Parliament. They usually have either rule, order or regulation in their title. Secondary legislation is used for a wide variety of purposes such as fixing the date on which an Act of Parliament will come into force; setting fees for a public service; or establishing the details of an Act of Parliament. Delegated legislation is dependent on its parent act, which prescribes its parameters and procedures. Although a large volume of delegated legislation is written without close parliamentary scrutiny, there are statutory instruments to preve ...
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Regulatory Law
Regulatory law refers to secondary legislation, including regulations, promulgated by an executive branch agency under a delegation from a legislature. It contrasts with statutory law promulgated by the legislative branch, and common law or case law promulgated by the judicial branch. Regulatory law also refersA. I. Ogus"Regulatory Law: Some Lessons from the Past" Legal Studies 12, no. 1 (March 1992): 1–19 to the law that governs conduct of administrative agencies (both promulgation of regulations, and adjudication of applications or disputes), and judicial review of agency decisions, usually called administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad .... Administrative law is promulgated by the legislature (and refined by judicial common law) for ''governing'' agenci ...
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Sandra Investments Pty Ltd V Booth
Sandra or SANDRA may refer to: People * Sandra (given name) * Sandra (singer) (born 1962), German pop singer * Margaretha Sandra (1629–1674), Dutch soldier * Sandra (orangutan), who won the legal right to be defined as a "non-human person" Places * Șandra, a commune in Timiș County, Romania * Şandra, a village in Beltiug Commune, Satu Mare County, Romania * Sandra, Estonia, a village * 1760 Sandra, an asteroid Other uses * "Sandra" (song), a 1975 song by Barry Manilow * "Sandra", song by Idle Eyes, 1986 * ''Sandra'' (1924 film), a lost drama film * ''Sandra'' (1965 film), an Italian film * SANDRA (research project), part of the European Union's Framework Programmes for Research and Technological Development * Tropical Storm Sandra, several tropical cyclones * ''Sandra'' (podcast), a scripted fiction podcast starring Kristen Wiig and Alia Shawkat See also * Sandro (other) * Sandara Park Sandara Park ( English pronunciation: ; born November 12, 1984), ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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Carltona Doctrine
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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Federal Court Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ...
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Government Minister
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ‘premier’, ‘chief minister’, ‘chancellor’ or other title. In Commonwealth realm jurisdictions which use the Westminster system of government, ministers are usually required to be members of one of the houses of Parliament or legislature, and are usually from the political party that controls a majority in the lower house of the legislature. In other jurisdictions—such as Belgium, Mexico, Netherlands, Philippines, Slovenia, and Nigeria—the holder of a cabinet-level post or other government official is not permitted to be a member of the legislature. Depending on the administrative arrangements in each jurisdiction, ministers are usually heads of a government department and members of the government's ministry, cabinet and pe ...
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Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ...
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Delegated Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or judi ...
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