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NeCede's

Maxim 2.2.1

A delegated authority cannot be again delegated.

Delegata potestas non potest delegari.

Source: 2 Inst. 597; Broom, Max. 840; 2 Bouv. Inst. n. 1300; Weisman, 11a Difficulty 1/5 — Foundational

Explanation

Government power delegated by the People cannot be sub-delegated to private actors, corporations, or agencies without express constitutional authorization.

Where this applies

  • Congress delegates its legislative power to an unelected agency.
  • A government body sub-delegates authority to a private contractor without constitutional authorization.

Topics

Delegation of AuthorityFiduciary Duty

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 2.2.1 — A delegated authority cannot be again delegated. — 2 Inst. 597; Broom, Max. 840; 2 Bouv. Inst. n. 1300; Weisman, 11a (Delegata potestas non potest delegari.)

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