Judicial Review: Ultra Vires Concept.

Topics: Administrative law, Law, Appeal Pages: 10 (3289 words) Published: May 21, 2014

UNIVERSITY OF DAR ES SALAAM

COLLEGE OF SOCIAL SCIENCES (COS)
DEPARTMENT OF POLITICAL SCIENCES AND PUBLIC ADMINISTRATION (PSPA).

PA 707: ADMINISTRATIVE AND LABOUR LAWS

PRESENTATION TOPIC: JUDICIAL REVIEW OF ADMINISTRATIVE
ACTION.
SUB TOPIC: ULTRA VIRES DOCTRINE.

SUPERVISOR: PROF.MOHAMMED A. BAKARI
STUDENT NAME: SWALEHE, Amani (MPA)

This presentation covers the “judicial review of administrative action: The Ultra Vires Doctrine” Judicial Review is essentially a high court procedure by which an appellant request or ask the court to review the legality of the decision of the government ministers, departments, local authorities and any other public bodies. The court may examine the decision to ensure that the public body made that decision had the power to make it or whether it adhered to the principles of fairness and reasonableness. The court is not concerned with the merits of the decision itself, the court is only concerned with how the decision was reached. Judicial review must be used where you are sought:

A mandatory order formerly known as an order of mandamus “we command”, Defined in a legal dictionary as a writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, local authorities, ministers or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation. A prohibition order is an order that preventing and forbid the public body from carrying it decisions which are contrary to the law or ultra vires. The court make the order only if the decision made by the public body did not adhere to the principle of natural justice, being ultra vires procedural or substantial or error in law. An order of certiorari or quashing order, an order of a higher court issues to review the decision and proceedings of an inferior court or body acting in a quasi-judicial capacity and determine whether there were any impropriety. In order to obtain an order of certiorari the appellant must show one of more grounds for certiorari, that either the order or act to be quashed is ultra vires, the order was made in error of law or is in breach of principles of natural justice.

The Ultra Vires Doctrine
This is the Latin word (ultra-mean outside/beyond and vires –power). It simply means acting beyond the power conferred by legislation. Any subsidiary legislation which is not authorized by statute except in few cases of prerogative powers will be considered as ultra vires, void and of no legal effect. The doctrine provide court with significant power of oversight over the administrative acts of a public body, the doctrine also applies to companies and corporations that are amenable to the remedies of declaration or injunction. The relevant act or decision considered as ultra vires because it was in breach of or unauthorized by the law, or was beyond the scope of the power given to the decision maker by the law and was consequently of no legal effect and the decision maker whom failed to comply with the law should be compelled to do so. Therefore the doctrine base on two grounds;

Substantive ultra vires: occurs where the authority makes a provision which is contrary and not authorized to make by an Act of parliament “Parent Act”, for instance where the Parent Act provides the regulation of certain Activities, sub legislated body cannot make it abolished or restricted as this will be considered Ultra vires of the enabling act.

Procedural Ultra vires: It occurs where the Act of parliament lays down certain procedure to be adhered in making sub legislation, the prescribed procedure must be followed otherwise the sub legislation will be invalid for the failure to comply with the stipulated procedures in enabling Act; this is referred to as procedural ultra vires. Hence if an act is done beyond or not in the authority vested to the delegated as provided in Parental Act is...

References: Bradley, A.W. & K.D. Ewing (2011). Constitutional and Administrative Law, 15th edn. Essex Pearson Education Ltd.
Chipeta, B.D. (2009) Administrative Law: A Digest of Cases, Mkuki na Nyota, Dar es salaam.
Peter Onyede,(1973). Administrative Law in East Africa, Kenya Literature Bureau. Nairobi.
Wade,W.R. (1982). Administrative Law, 5th edn. Clarendon Press, Oxford.
All East African Law Report.
All England Law Report.

www.legaldictionary.thefreedictionary.com/judicial+review 7/5/2014, 05: 32
http://www.thelawdictionary.org/estopple/ 8/5/2014
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