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Delegation of Power: Meaning and Validity of the maxim delegata potestas non potest delegari

Delegation of Power: Meaning and Validity of the maxim delegata potestas non potest delegari ALF ROSS Delegation of Power Meaning and Validity of the maxim delegata potestas non potest delegari. I. The victory of parliamentary democracy and the evolution from liberalism to public service state has given new significance to the problem of the relation between the legislature and the executive. In the constitutional monarchy—by which we mean the constitu­ tional types half-way between absolute monarchy and modern de­ mocracy, as represented by Louis XVIII's constitutional Charter of 1814 and the German constitutions of estates (Standeverfassungen) of the first half of the 19th century—the representative assembly and the Crown (the government) appeared as independent and competing power factors, representing respectively the democratic and the mo­ narchic principle of the constitution. The independence of the Crown manifested itself particularly in two ways. First by the fact that the king, unfettered by the constellation of parties in the parliament, was free to choose his ministers who either not at all, or only very imper­ fectly, were responsible to the parliament. Second, by the rule-making power (Verordnungsrecht, pouvoir reglementaire) as a royal preroga­ tive, that is, a power to be exercised without the consent or authoriza­ tion of the parliament. This rule-making power derived from the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Delegation of Power: Meaning and Validity of the maxim delegata potestas non potest delegari

American Journal of Comparative Law , Volume 7 (1) – Jan 1, 1958

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Publisher
Oxford University Press
Copyright
© 1958 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837424
Publisher site
See Article on Publisher Site

Abstract

ALF ROSS Delegation of Power Meaning and Validity of the maxim delegata potestas non potest delegari. I. The victory of parliamentary democracy and the evolution from liberalism to public service state has given new significance to the problem of the relation between the legislature and the executive. In the constitutional monarchy—by which we mean the constitu­ tional types half-way between absolute monarchy and modern de­ mocracy, as represented by Louis XVIII's constitutional Charter of 1814 and the German constitutions of estates (Standeverfassungen) of the first half of the 19th century—the representative assembly and the Crown (the government) appeared as independent and competing power factors, representing respectively the democratic and the mo­ narchic principle of the constitution. The independence of the Crown manifested itself particularly in two ways. First by the fact that the king, unfettered by the constellation of parties in the parliament, was free to choose his ministers who either not at all, or only very imper­ fectly, were responsible to the parliament. Second, by the rule-making power (Verordnungsrecht, pouvoir reglementaire) as a royal preroga­ tive, that is, a power to be exercised without the consent or authoriza­ tion of the parliament. This rule-making power derived from the

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1958

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