Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
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
American Journal of Comparative Law – Oxford University Press
Published: Jan 1, 1958
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.