|
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 ("one to whom power is delegated cannot himself further delegate that power"). The principle is present in several jurisdictions such as that of the United States, the United Kingdom and India as well as in Catholic canon law. Australia In Australia the maxim has been largely superseded by statute and common law. There is a long line of authorities applying the ''Carltona'' principles to Australia. However, courts have found that where a statute expressly requires a personal action, such delegation is not possible. In ''Dooney'' the High Court of Australia ( Callinan J), observed that "No permanent head of a department in the Public Service is expected to discharge personally all the duties which are performed in his name and for which he is accountable to the responsible Minister." This case law has been backed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international law. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Australia
The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national Executive (government), executive government of Australia, a federalism, federal Parliamentary system, parliamentary constitutional monarchy. The executive consists of the Prime Minister of Australia, prime minister, Cabinet of Australia, cabinet ministers and other ministers that currently have the support of a majority of the members of the Australian House of Representatives, House of Representatives (the lower house) and also includes the Australian Government#Departments, departments and other List of Australian Government entities, executive bodies that ministers oversee. The Albanese government, current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 Australian federal election, 2022 federal election. The Prime Minister of Australia, prime minister is the Head of gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth (U.S. state), Commonwealth of Pennsylvania's Judiciary of Pennsylvania, Unified Judicial System. It began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the List of colonial governors of Pennsylvania, colonial governor. It claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania maintains a Discretionary review, discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory Capital punishment in Pennsylvania, death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court of Pennsylvania, Commonwealth Court. This discretion allows the Court to wield powerful influence on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Act 1911
The Parliament Act 1911 ( 1 & 2 Geo. 5. c. 13) is an act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parliament. The Parliament Act 1949 provides that the Parliament Act 1911 and the Parliament Act 1949 are to be construed together "as one" in their effects and that the two acts may be cited together as the Parliament Acts 1911 and 1949. The act effectively removed the right of the House of Lords to veto money bills completely, and replaced its right of veto over other public bills with the ability to delay them for a maximum of two years (the Parliament Act 1949 reduced this to one). It also reduced the maximum term of a parliament from seven years (as set by the Septennial Act 1716) to five. Following the House of Lords' rejection of the 1909 People's Budget, the House of Commons sought to establish its formal dominance over the House ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. The leader of the majority party in the House of Commons by convention becomes the prime minister. Other parliaments have also had a lower house called the "House of Commons". History and naming The House of Commons of England, House of Commons of the Kingdom of England evolved from an undivided parliament to serve as the voice of the tax-paying subjects of the Ceremonial counties of England, counties and the borough constituency, boroughs. Knight of the shire, Knights of the shire, elected from each county, were usually landowners, while the borough members were often from the merchant classes. These members represented subjects of the Crown who were not Lords Temporal or Spiritual, who themselves sat in the House of Lords. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Act 1949
The Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103) is an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom. It reduced the power of the House of Lords to delay certain types of legislation – specifically public bills other than money bills – by amending the Parliament Act 1911. Following the Labour Party's election in 1945, Attlee ministry, Attlee's government was worried that the Lords would delay their nationalisation programme. In particular, they feared that peers would reject the Iron and Steel Act 1949, Iron and Steel Bill. To resolve the issue, the Commons passed the Parliament Bill in 1947, but it took until December 1949 for the law to be given royal assent under the provisions of the Parliament Act 1911. This act is interpreted as one with the Parliament Act 1911. This act, and that act, may be cited together as the "Parliament Acts 1911 and 1949". Parliament Act 1911 The 1911 act placed the relationship between the House ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Contract Act, 1872
The Indian Contract Act, 1872 governs the law of contracts in India and is the principal legislation regulating contract law in the country. It is applicable to all states of India. It outlines the circumstances under which promises made by the parties to a contract become legally binding. Section 2(h) of the Act defines a contract as an agreement that is enforceable by law. Development and Structure The Act was enacted on 25 April 1872 and came into force on 1 September 1872. The Act, as enacted originally, had 266 Sections, divided into 11 chapters. * General Principles of Law of Contract – Sections 01 to 75 (Chapter 1 to 6) * Contract relating to Sale of goods - Sections 76 to 123 (Chapter 8 to 10) * Contracts relating to Partnership – Sections 239 to 266 (Chapter 11) Later, the sections of Chapter 7 and 11 were repealed, as they were incorporated into separate legislations namely, Sale of Goods Act, 1930 and the Indian Partnership Act, 1932. At present, the Indi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Australia
Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a land area of , and is also the List of country subdivisions by area, second-largest subdivision of any country on Earth. Western Australia has a diverse range of climates, including tropical conditions in the Kimberley (Western Australia), Kimberley, deserts in the interior (including the Great Sandy Desert, Little Sandy Desert, Gibson Desert, and Great Victoria Desert) and a Mediterranean climate on the south-west and southern coastal areas. the state has 2.965 million inhabitants—10.9 percent of the national total. Over 90 percent of the state's population live in the South-West Land Division, south-west corner and around 80 percent live in the state capital Perth, leaving the remainder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
