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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 t
If the delegation is without consideration, the delegator remains liable for nonperformance, while the delegatee will not be liable to anyone for anything. Unlike an assignment, a delegation is virtually always for consideration, and never donative - few people are going to accept the charitable offer to perform a task contracted to someone else.
Where Congress does not make great and sweeping delegations of its authority, the Supreme Court has been less stringent. One of the earliest cases involving the exact limits of non-delegation was Wayman v. Southard 23 U.S. (10 Wet.) 1, 42 (1825). Congress had delegated to the courts the power to prescribe judicial procedure; it was contended ...
Delegation can become an abdication if it occurs without adequate supervision. Delegation accompanied by careful monitoring to ensure it achieves the results intended is an exercise of the "due diligence" expected of the board. Further criticism relates to the failure of some boards to follow their own policies.
The process of delegation requires "preparation, initiation, implementation, and closure". [5] While a manager can delegate authority for a task, the ultimate responsibility is not transferred. This means that delegation involves a process of sharing, which may include "authority, power, influence, information, knowledge, or risk". [5]
Procuration (from Latin procurare 'to take care of') is the action of taking care of, hence management, stewardship, agency. The word is applied to the authority or power delegated to a procurator, or agent, as well as to the exercise of such authority expressed frequently by procuration (per procurationem), or shortly per pro., or simply p.p. [1]
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Proxy is defined by supreme courts as "an authority or power to do a certain thing." [58] A person can confer on his proxy any power which he himself possesses. He may also give him secret instructions as to voting upon particular questions. [59] But a proxy is ineffectual when it is contrary to law or public policy. [60]