Delegata Potestas Non Potest Delegari - Canada

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 is still often cited, it has not achieved the rigid standing originally intended. The maxim has had some success as an operating principle in the restriction of delegation of legislative and judicial powers but the demands of modern governmental regulatory practices have inhibited its application in the delegation of administrative powers. Exceptions are rare and dependent on the statute conferring power.

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