Ultra Vires in United Kingdom

Articles of Association: The objects of the company

Reforming the ultra vires doctrine

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Articles of Association: The objects of the company

The ultra vires doctrine

Find under this subsection information about The ultra vires doctrine in relation to Articles of Association: The objects of the company.

Definition of Ultra Vires

Meaning to go beyond the powers that were granted by parliament under the enabling act.

Ultra vires in Legal Latin

Meaning of the latin term “Ultra vires” from the University of Kent: ‘Beyond the powers’ – Describing an act by a public authority, company, or other body that goes beyond limits of the powers conferred on it. Ultra vires acts are invalid (compare intra vires). The ultra vires doctrine

applies to all powers, whether created by statute or by a private document or agreement (such as a trust

deed or contract of agency). In the field of public (especially administrative) law it governs the validity of all

delegated and sub-delegated legislation. This is ultra vires not only if it contains provisions not authorized by

the enabling power but also if it does not comply with any procedural requirements regulating the exercise

of the power.

The doctrine also governs the validity of decisions made by inferior courts or administrative or domestic

tribunals and the validity of the exercise of any administrative power. The decision of a court or tribunal is

ultra vires if it exceeds jurisdiction, contravenes procedural requirements, or disregards the rules of natural

justice (the power conferring jurisdiction being construed as requiring the observance of these). The exercise

of an administrative power is ultra vires not only if unauthorized in substance, but equally if (for example) it

is procedurally irregular, improperly motivated, or in breach of the rules of natural justice (substantive vs.

procedural ultra vires). The remedies available for this second aspect of the doctrine are quashing orders, prohibiting orders, declaration, and injunction (the first two of these are public remedies, not available

against decisions of domestic tribunals whose jurisdiction is based solely on contract).

Resources

See Also

• Legal Latin Maxims
• Legal Latin Quotes
• Legal Latin Dictionary