|
The Carltona doctrine (or Carltona principle) expresses the idea that, in United Kingdom law, the acts of government departmental officials are synonymous with the actions of the minister in charge of that department. The point was established in ''Carltona Ltd v. Commissioners of Works.''〔() 2 All ER 560 (CA)〕 ==The judgment in ''Carltona''== Faced with the requisition of their factory by the war-time government, the factory owners raised a judicial review action to challenge the legality of the requisition order. The order had been made under the auspices of the Defence (General) Regulations 1939, which authorised the Commissioners of Works to requisition such land as they deemed necessary in the national interest. The Regulations specified that the Commissioner's powers were exercisable by, ''inter alia'' the Minister of Works and Planning. The factory owners sought to argue that the requisition was invalid because the order had not in fact been signed by the minister, but by an official within the Ministry of Works and Planning. In rejecting this contention, the Master of the Rolls, Lord Greene, acknowledged the realities of government in the 20th century: This statement of the way government operates has only become more true in recent decades as increased state interventionism and juridifactory tendencies have produced a rapid growth in the use of delegated legislation. Clearly, confronted with this reality, it would have been preposterous for the Court to construe the wording of the Regulations so narrowly that only the Minister, in person, could exercise the powers. Thus Lord Greene explained that: It should be emphasised that the essence of the ''Carltona'' doctrine therefore lies in the elision of the identity of departmental officials with the relevant Minister. It is emphatically not the case that the Minister has delegated his decision-making power to a subordinate and therefore the doctrine achieves consistency with the principle that Parliament's delegatees have, unless specifically provided by statute, no power to delegate (''delegatus non potest delegare''). Lord Greene proceeded to reconcile this with the doctrine of parliamentary accountability on the basis that: 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Carltona doctrine」の詳細全文を読む スポンサード リンク
|