LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Delegation of Statutory Power – Exercise by Designated Authority

The principle “delegatus non potest delegare” (a delegate cannot sub-delegate) applies strictly to statutory powers. When statutes confer powers on specific persons/bodies, only those designated can exercise them. Unauthorized delegation or exercise by others is invalid—ultra vires and void. This strictness serves: ensuring accountability (the designated authority is responsible), preventing power diffusion, maintaining legislative intent (Parliament chose specific authorities for reasons), and protecting citizens from unauthorized exercises of power. Exceptions require: express statutory authorization for delegation, or necessary implication (ministerial acts may be delegated). But discretionary statutory powers generally cannot be delegated without authorization. Courts scrutinize: who exercised the power? was that person/body statutorily authorized? Courts will invalidate actions taken by unauthorized persons regardless of substantive merit. This principle is fundamental to administrative law’s control of discretionary power.