Delegatus and Carltona are obsolete: the ‘modern principle’ is the only tool necessary to determine issues of delegation

This LLM dissertation explores what Dreidger meant by the ‘modern principle’ and how the traditional canons and presumptions of interpretation fit in the ‘modern principle’. The author demonstrates that delegatus non potest delegare and the Carltona principle provide no additional insight and explains how the situations they purport to address can be equally explained through the ‘modern principle’. Finally, in order to better understand how the application of the ‘modern principle’ helps fully explain issues of delegation, the author provides a case study exploring delegation and devolution in the context of an acting commanding officer in the Canadian Armed Forces.