We explain what delegation is, what is delegated and in what systems it occurs. In addition, we tell you what types of delegation exist.
What is delegation?
In law and administration, delegation It is the transfer of power and powers that belong to a person, institution or organization, to a third party or a set of third parties acting on your behalf. The latter are therefore known as delegateswhile the person who gives up power is called delegator.
The words “delegation” and “delegate” come from Latin I will delegatecomposed of the voices of- (“from top to bottom”) and legis (“law”). Therefore, a delegate is someone sent according to the law, that is, a representative before the law. An example is the delegations that each country sends to international congresses or meetings, made up of diplomatic personnel whose mission is to ensure the international interests of their people.
The delegation process It is very common in republican and democratic systems in which, through popular vote, the authority of the people is delegated to some political candidates, who are entrusted with the leadership of the country and the administration of the State. Likewise, the verb delegate It is used in colloquial language with the meaning of “leaving something in the hands of another” especially in the case of figures of authority or responsibility.
See also: Consulate
Types of delegation
There are numerous legal and juridical forms of delegation, depending on the mechanisms that are put into play in each one. Among them stand out:
- Administrative delegation. In administrative law, this type of delegation consists of the transfer of powers from a higher body or entity to a lower level, without the delegating body losing ownership (that is, formal recognition) of its competence in the process. the matter.
- Debt delegation. It consists of the assumption of a debt by a second debtor, who submits to it in the same way as the first. In order to be done, the creditor must agree to the transfer.
- legislative delegation. This is a request that in republican systems the legislative branch (parliament) can make to the executive branch (the government) to regulate a specific matter through a decree or regulation with the force of law. This is done for the purpose of establishing a new regulation, merging legal texts into one, or other similar types of events.
- Delegation of functions. It consists of the transfer of functions from one entity to another, thus decentralizing the organizational structure and making it more horizontal. These types of delegations are common in nations that try to diversify their bureaucracy and streamline local procedures.
- Signature delegation. It occurs when an individual or entity authorizes a third party to sign on their behalf, in order to accept or sign contracts and agreements formally on their behalf.
Continue with: Decentralization
References
- “Delegate” in the Language Dictionary of the Royal Spanish Academy.
- “Delegation” in the Pan-Hispanic Dictionary of Legal Spanish of the Royal Spanish Academy.
- “Radication of the word Delegation” in the Online Spanish Etymological Dictionary.
