Delegated authority is power that a legislature gives to an agency or other public body to act within defined legal limits.
Why It Matters
This concept matters because modern governance depends on legislatures assigning specialized tasks to agencies. Legal disputes often focus on how much authority was delegated and whether the agency stayed within those boundaries.
Where It Appears
Delegated authority appears in rulemaking, enforcement, licensing, benefits administration, and agency adjudication across many regulatory fields.
Practical Example
A statute authorizes an agency to set technical safety standards. The agency’s ability to issue those standards is an example of delegated authority.
How It Differs From Nearby Terms
Delegated authority describes the power transferred by statute. An enabling statute is the legislative source that grants the power. The nondelegation doctrine asks whether too much lawmaking authority has been transferred. Ultra vires addresses whether the agency exceeded what it received.
Related Terms
Knowledge Check
- What is delegated authority? It is power granted by legislation to an agency or public body to act within defined limits.
- How is delegated authority different from ultra vires? Delegated authority is the lawful power granted, while ultra vires is action beyond that lawful power.