What is substantive ultra vires?
Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legislation.
What are the grounds of substantive ultra vires?
Substantive ultra vires includes the following cases:
- Exercising power in excess of statutory limits;
- Acting in excess of jurisdiction;
- Breach of the principles of natural justice;
What is substantive ultra vires and procedural ultra vires?
‘ Ultra vires has two meanings: (1) substantive ultra vires where a decision has been reached outside the powers conferred on the decision taker; and (2) procedural ultra vires where the prescribed procedures have not been properly complied with. An ultra vires act is one beyond the purposes or powers of a corporation.
Which of the following are examples of subsidiary legislation in Malaysia?
The Principal Acts in Malaysia are such as Contract Act 1950, Companies Act 1965, Co-operative Societies Act 1993, Police Act 1967 and so on. The principal acts are made by Parliament. Amendment Act is the act that make alteration, changes or correction from the principal act.
What does ultra vires mean in legal terms?
‘Ultra Vires’ is a Latin phrase which simply means “beyond powers” or “without powers”. At the inception, the application of the doctrine was designed exclusively to ensure that administrative authorities do not exceed or abuse their legal powers. If they did so, the courts declared such acts ultra vires and therefore, invalid.
When does an action become intra vires or ultra vires?
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. The doctrine of ultra vires has two aspects: substantive and procedural. When a piece of delegated legislation is declared to be ultra vires, it is void and becomes unenforceable.
Which is the present issue of the doctrine of substantial ultra vires?
The “Doctrine of Substantial Ultra Vires” which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned.