delegation

A sending away; a putting into commission; the assignment of a debt to another; the intrusting another with a general power to act for the good of those who depute him; a body of delegates. The transfer of authority by one person to another. The act of making or commissioning a delegate. The body of delegates from a State to a national nominating convention or from a county to a State or other party convention. The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit are collectively spoken of as a "delegation." In civil law, a species of novation which consists in the change of one debtor for another, when he who is indebted substitutes a third person who obligates himself in his stead to the creditor, or to the person appointed by him so that the first debtor is acquitted and his obligation extinguished, and the creditor contents himself with the obligation of the second debtor.

Delegation is essentially distinguished from any other species of novation, in this: that the former demands the consent of all three parties, but the latter that only of the two parties to the new debt. Delegation is novation effected by the intervention of another person whom the debtor, in order to be liberated from his creditor, gives to such creditor, or to him whom the creditor appoints; and such person so given becomes obliged to the creditor in the place of the original debtor.

@ perfect delegation

@ imperfect delegation

Perfect delegation exists when the debtor who makes the obligation is discharged by the creditor. Imperfect delegation exists when the creditor retains his rights against the original debtor

@ delegation of powers

Transfer of authority by one branch of government in which such authority is vested to some other branch or administrative agency. U.S. Constitution delegates different powers to the executive, legislative and judicial branches of government. Exercise by the executive branch of the powers delegated to the legislative branch offends this separation and delegation of powers and hence is unconstitutional. Schechter Poultry Corp. v. U. S., 295 U.S. 495, 55 S.Ct. 837, 79 L.Ed. 1570.

Certain powers may not be delegated from one branch of government to another such as the judicial powers or such congressional powers as power to declare war, impeach, or admit new states. For distinction between delegated powers and various other types of constitutional powers, see power (constitutional powers)

@