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Simple English definitions for legal terms
derivative power
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A quick definition of derivative power:
Derivative power is the ability to do something because someone else gave you permission to do it. For example, if your mom gives you the power to make decisions about what to eat for dinner, you have derivative power. This kind of power only exists because someone else gave it to you. It's different from other kinds of power, like physical strength or being a leader in your community.A more thorough explanation:
DERIVATIVE POWER
Derivative power is the ability to act or not act based on a grant of authority. It arises only from a grant of authority, such as an agent from a principal or a head of state from a constitution. It is a power that is derived from another source.
- An agent has derivative power from a principal to act on their behalf in matters connected with the agency.
- A head of state has derivative power from a constitution to alter legal relations either of themselves or of another.
These examples illustrate how derivative power is granted from one source to another and is not inherent or self-generated.