Doctrine Of Ultra Vires In Administrative Law Pdf
There are 2 categories of uv.
Doctrine of ultra vires in administrative law pdf. An act ultra vires the company cannot be ratified even by the unanimous consent of all shareholders. The doctrine of ultra vires is the basic doctrine in administrative law. An action of the authority is intra vires when it falls within the limits of the power conferred on it but ultra vires if it goes outside this limit. This doctrine can be considered as the central principle in the whole of administrative law.
The project would firstly elaborate upon the need for judicial control over delegated legislation after which it would discuss the doctrine of ultra vires. The doctrine envisages that an authority can exercise only so much power as is conferred on it by law. The doctrine of ultra vires is produced by the constitutional principles of the rule of law the sovereignty of parliament and the independence of the judiciary. Thereafter factors which make delegated legislation subject to judicial review would be.
1 narrow simple uv where decisions are not authorised by the law at all. Summing up the doctrine of ultra vires. The doctrine of ultra vires and judicial review of administrative action. The basic idea underpinning the ultra vires doctrine uv is that government decisions actions and powers must not be made in excess of its lawful powers.
For some the doctrine is the central principle of administrative law without. An act legal in itself but not authorized by the object clause of the memorandum of association of a company or statute is ultra vires the company. There is no legal power to do.