admin law
11 Substantive Ultra Vires
11.1 The Nature of Substantive Powers
Chapter 7 dealt with the nature and characteristics of administrative powers while Part 1 described the various administrative agencies which use those powers. Whereas the statutory procedures described in Chapter 9 and the rules of natural justice described in Chapter 10 determine the steps to be taken in pursuing the exercise of administrative powers, the present chapter is concerned with the rules of administrative law as they are developed and applied for the purpose of defining the scope of any functions conferred on an administrative agency. 11.2 Judicial Review of Substantive Powers
It was seen in Chapter 1 that the High Court sets the limits of statutory substantive powers on any occasion when uncertainty about those limits has given rise to litigation. Through its inherent power to review the legality of administrative action, the High Court is able to ascertain whether an administrative agency or inferior court has exceeded or abused the legal limits of the substantive powers governing its functions. Any excess or abuse of those powers means that the decision or other administrative action is ultra vires and may be dealt with through a range of remedies, which are described in Chapter 13. However, merely because the High Court disagrees with a decision and considers it to be wrong on the merits of the case in question does not mean the decision is ultra vires. To be ultra vires a decision has to be proved to have exceeded the express or implied statutory limits of the powers given to the administrative agency, ie to have gone beyond the jurisdiction of that agency. The GCHQ case contains an important statement by Lord Diplock about the qualifying requirements for judicial review. He considered that:
... the decision must have consequences which affect some person (or body of persons) other than the decision-maker, although it may affect him too. It must affect
11.1 The Nature of Substantive Powers
Chapter 7 dealt with the nature and characteristics of administrative powers while Part 1 described the various administrative agencies which use those powers. Whereas the statutory procedures described in Chapter 9 and the rules of natural justice described in Chapter 10 determine the steps to be taken in pursuing the exercise of administrative powers, the present chapter is concerned with the rules of administrative law as they are developed and applied for the purpose of defining the scope of any functions conferred on an administrative agency. 11.2 Judicial Review of Substantive Powers
It was seen in Chapter 1 that the High Court sets the limits of statutory substantive powers on any occasion when uncertainty about those limits has given rise to litigation. Through its inherent power to review the legality of administrative action, the High Court is able to ascertain whether an administrative agency or inferior court has exceeded or abused the legal limits of the substantive powers governing its functions. Any excess or abuse of those powers means that the decision or other administrative action is ultra vires and may be dealt with through a range of remedies, which are described in Chapter 13. However, merely because the High Court disagrees with a decision and considers it to be wrong on the merits of the case in question does not mean the decision is ultra vires. To be ultra vires a decision has to be proved to have exceeded the express or implied statutory limits of the powers given to the administrative agency, ie to have gone beyond the jurisdiction of that agency. The GCHQ case contains an important statement by Lord Diplock about the qualifying requirements for judicial review. He considered that:
... the decision must have consequences which affect some person (or body of persons) other than the decision-maker, although it may affect him too. It must affect