Question

Latin maxim “delegatus non potest delegare” means _____ .

• A. Person to whom powers are entrusted cannot entrust them to two persons.
• B. Person to whom powers are entrusted can entrust them to another person.
• C. Person to whom powers are entrusted cannot entrust them to another person.
• D. Person to whom powers are entrusted cannot entrust them to a company.

Hint:

This maxim is essential in understanding the principle of delegation of authority in law, which limits the ability to transfer power.

Answer 1

The Correct Option is C

The Latin maxim “delegatus non potest delegare” means that a person to whom power is delegated cannot delegate that power to someone else, except in specific cases where the authority explicitly allows it.

Answer 2

The Latin maxim “delegatus non potest delegare” means “a person to whom powers are entrusted cannot entrust them to another person.”

Explanation:
This legal principle is rooted in administrative and constitutional law. It implies that when an authority or function is delegated to an individual or body, that delegate cannot further delegate the powers or responsibilities to someone else, unless such a sub-delegation is expressly authorized by law.

Purpose of the Maxim:
- To maintain accountability and responsibility with the original delegate
- To prevent unauthorized transfer or misuse of delegated powers
- To uphold the intention of the original grantor of the authority (e.g., legislature, government, or organization)

Application in Law:
This principle is often applied in administrative law, where legislative powers delegated to administrative bodies or officers must be exercised by them directly unless the statute permits further delegation. It helps in preventing the misuse of administrative discretion and ensures transparency and responsibility.

Conclusion:
The Latin maxim “delegatus non potest delegare” stands for the rule that a person to whom powers are entrusted cannot entrust them to another person without proper authorization.