查看完整版本 : 法律上 何謂 “授權”

浪裏白條 2018-10-18 12:02 PM

法律上 何謂 “授權”

在[b]合約法律,delegation[/b] 的意思:the act of giving another person the responsibility of carrying out the performance agreed to in a contract.

---Three parties are concerned with this act -
--the party who had incurred the obligation to perform under the contract is called the [i]delegator[/i];
---the party who assumes the responsibility of performing this duty is called the [i]delegatee[/i];
---and the party to whom this performance is owed is called the [i]obligee[/i].
。。。。。。。。。。。。。。。。。。。
In [url=https://en.wikipedia.org/wiki/Administrative_Law]Administrative Law[/url]
----a delegation is the process of handing some administrative action or decision to a subordinate.
----It is achieved through two mechanism:
[list=1][*]Where a [url=https://en.wikipedia.org/wiki/Statute]statute[/url] or [url=https://en.wikipedia.org/wiki/Delegated_legislation]Delegated legislation[/url] appoints an "authorized person" to manage the power for a [url=https://en.wikipedia.org/wiki/Government_minister]minister[/url] or [url=https://en.wikipedia.org/wiki/Chief_Executive_Officer]CEO[/url]. Here the delegate acts in their own name, and the delegation is a position that does not cease with the appointment of a new delegate。[*]In some circumstances a person in whom some power is vested can authorize another person to exercise that power on their behalf。Here the underling is appointed to act as if they were the authorized person, usually for the [i]Administrative necessity [/i]of managing huge work loads in a government department. Here the delegate acts in person of the authorized person rather than in their own name, and the delegator can still exercise the powers as necessary even though much of the day to day operations are enacted by subordinates.[/list]
【參考:[url]https://en.wikipedia.org/wiki/Delegation_[/url](law)#Administrative_law】
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我的評論:
香港基本法提到 “授權”,可能就是上述引文的行政法部分所說的。
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查看完整版本: 法律上 何謂 “授權”