22-APR-1991 17:15
1
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.01
16
section
92 which makes ls of Cap.
it clear chat:
"Nothing in this Ordinance shall derogate
fxou
(a) any provisions of the Letters Patent vesting in the Governor the power of appointing judicial officers;
(b) any instructions given to che
Governor by Her Majesty through the Secretary of Statu ขน to Now ευση power shoulu. De okercised and in particular any instructions
contained in Colonial Regulations.
General Principles
Sir William wade at §. 357/0 of his Doux on Administrative Law deals with Deleyation'. thus;
Inalienable
tionary power
!
An element which is essential to the lawful exercise of pover
is that it
snopid se sxercised ́ay the authority upon whom it is conferred. and by no one else. The principle is strictly applied, even where it causes
*
auministrative inconvenience, except hin cases where it'may reasonably be
inferreá that the power was intended to oe delegable. Wormally" the courts are rigorous in requiring the power to be exercisea by the precise person or body stated in the 'statutu and in condemning: as ultra vires action taken by ayents, ... SHO committees: or delegates, however expressly authoriseu by the authority endowed with the pover.
.
/
The maxin Geleyatus non potest deleyäre is sometimes invoxec
if it empowied
ون
some yeneral principle that made it
leyally impossible for statutory
autnority to be delegateu In reality there is no such principia; and the maxim plays no real part in the decision. of cases. though it is sometimas usea
convenient label its proper nome is
of agency, where it exureUGES
4
the
As
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12:21 28-Þ0-1661
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