Administrative lawLesson 1 of 5 in the course Judicial review of administrative action

Ultra Vires: Corporate Powers and Public-Law Review

5 flashcards · 4 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

This lesson introduces the meaning of ultra vires and explains how the doctrine has applied to corporations and other legal bodies. Understanding the concept helps show why an act may be invalid when an organization exceeds the authority granted to it.

Ultra vires is a Latin expression meaning beyond the powers. In law, it describes an act that requires legal authority but is performed without that authority. Its opposite, intra vires, describes an act done within the relevant legal powers.

All flashcards

What is an ultra vires act?
It is an act beyond the legal powers of the person or body that performs it. Depending on the governing law, it may be invalid or open to challenge.
What does intra vires mean?
It means within the legal powers granted to a person or body. An intra vires act may therefore be described as valid.
How can a corporation’s powers be defined?
They may be defined by legislation and by founding documents such as an objects clause, articles of incorporation, or by-laws.
What is the effect of full performance on an ultra vires defense?
Historically, if one party had fully performed, estoppel usually prevented the other party from relying on ultra vires to avoid the transaction. A transaction performed by both parties was particularly difficult to attack.
Why does the doctrine remain relevant to some non-profits?
Non-profits and state-created bodies may have powers limited to specific purposes, so an act outside those limits can still raise an ultra vires issue.

Quiz questions

  1. Under the principle in Ireland’s CityView Press v AnCo, when may a legislature delegate powers to a subordinate body?Answer: When primary legislation sets guiding principles and policies for the body to implement.
  2. What distinguishes narrow ultra vires from broad ultra vires in administrative law?Answer: Narrow concerns authority or procedure; broad concerns misuse or unlawful exercise of power.
  3. What principle is associated with Anisminic v Foreign Compensation Commission?Answer: A court may treat a decision as a nullity despite statutory wording that appears to exclude review.
  4. What did the House of Lords hold about local-authority interest-rate swaps in Hammersmith and Fulham LBC v Hazell?Answer: The swaps were ultra vires and void.

Based on the Wikipedia article Ultra vires, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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