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The ''persona designata'' doctrine is a doctrine in law, particularly in Canadian and Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to powers having been conferred on the court. The doctrine in the more general sense has been recognised throughout the common law countries (including the United States). Persona designata, according to Black's Law Dictionary, means "A person considered as an individual rather than as a member of a class", thus it may be a person specifically named or identified in a lawsuit, as opposed to the one belonging to an identified category or group.〔See also Osborn's Concise Law Dictionary, 4th Edition., p.253.〕 While it has its origin in Montesquieu's doctrine of the separation of powers, it can be traced back as far as Aristotle's Politics. In Australia the doctrine is considered to be an exception to the Boilermakers' doctrine of separation of powers, which holds that conferral of non-judicial power which is not incidental to the exercise of judicial power on a Chapter III court (a federal court) is unconstitutional.〔 Also see the case (Moti v The Queen HCA 50 (7 December 2011) ) ].〕 ==Background== While the Australian system of government is parliamentary, with a "fusion of powers" between the executive and the legislature, the separation of powers with respect to the judiciary has long been accepted as an important aspect of the Constitution of Australia. The importance of the principle is traditionally said to have reached its high point in 1956 with the Boilermakers' case,〔 in which the High Court of Australia held that non-judicial power could not be conferred on a court established under Chapter III of the Australian Constitution.〔''R v Kirby; Ex parte Boilermakers' Society of Australia'' ; 〕 However, Australia also has a long history of judges being appointed to non-judicial positions.〔 The idea that some non-judicial functions can be conferred on judges in their personal capacity had been present in Australian law for some time; some trace it to cases such as ''Medical Board of Victoria v Meyer'' in 1937,〔 while others regard the doctrine as settled law since at least 1906,〔 and the case of ''Holmes v Angwin''. 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「persona designata」の詳細全文を読む スポンサード リンク
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