| Delegated legislation is also subject to control by the courts whose judges can declare a piece of delegated legislation to be ultra vires. |
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| A contract which unlawfully fetters the discretion of a purchaser is ultra vires and invalid. |
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| As a result, a taxpayer who has made a payment pursuant to ultra vires legislation has a right to restitution. |
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| It is not suggested that Byelaw 20 was itself ultra vires the powers which the primary legislation conferred upon the British Railways Board. |
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| But in matters of diaries was quite ultra vires, And just could not spot an old faker. |
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| The B. C. Supreme Court's Chief Justice Hunter accepted their contention and held both orders in council ultra vires of the Immigration Act. |
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| In this respect, the complainant submits that state authorities are responsible in cases where their agents acted ultra vires. |
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| I am looking at this and I know that the administration of that particular section of the immigration law is ultra vires. |
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| The provincial aquaculture regulatory scheme was held to be ultra vires the Province of British Columbia and invalid. |
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| They argued that the later Privy Council decision R v HM Advocate had held that it was ultra vires for the procurator fiscal to bring proceedings before a temporary sheriff. |
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| According to the applicant such ultra vires interpretation of Community, national and international laws amounts to a misuse of power. |
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| Civil servants are responsible for the same reason, and likewise for omission or acting ultra vires in exercising their functions. |
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| Therefore the laws of our country must not contravene natural law for to do so the laws would be ultra vires or unconstitutional. |
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| Decision raising essentially the same substantive issues as the previous decision: Not ultra vires. |
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| An ultra vires act is one beyond the purposes or powers of a corporation. |
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| In this regard, the Group also emphasizes that IAEA shall ensure avoiding any ultra vires acts jeopardizing its integrity and credibility. |
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| So there is a question as to whether aspects of this proposal are ultra vires. |
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| Like any administrative act, such a decree may be appealed against before the administrative tribunal on grounds of ultra vires. |
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| The effect then is that the discretion conferred by Parliament is exercised, at least in part, by the wrong authority, and the resulting decision is ultra vires and void. |
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| This lesson provides an overview of the historical significance of the ultra vires doctrine, its subsequent decline in importance, and its modern status. |
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| There is an overwhelming democratic interest in testing whether that decision was ultra vires – outside legal powers voted by parliament. |
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| Its attempt at judicial legislation was unconstitutional, and its actions patently ultra vires, and the court's decision is thus void. |
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| So: a year or per year, not per annum, a head or per head, not per caput or per capita, beyond one's authority, not ultra vires. Names of foreign companies, institutions, groups, parties, etc should usually be translated. |
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| The code includes the doctrine of ultra vires and a precedent of Hadley v Baxendale from English common law system. |
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| Moreover, decisions in the related areas of unenforceability and ultra vires have illustrated the difficulties in drawing lines between those areas of law and the concept of illegality. |
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| At all events, any decision not to grant approval could be appealed against on grounds of ultra vires before the administrative courts, which would give judgment in the light of the grounds for such refusal. |
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| Any decision by an administrative authority based on discrimination on account of racial or ethnic origin would be annulled by the Supreme Court in an appeal for an annulment on grounds of ultra vires. |
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| Furthermore, the Court held that the Tribunal has the authority to refuse to apply guidelines that it finds to be ultra vires, unconstitutional, made in bad faith or that infringe on procedural fairness. |
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| My sixth point is Parliament can pass a resolution saying that the Commission is ultra vires, that it is going beyond what is consistent with the law. |
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| If the Court finds that such a national court has wrongly declared itself competent in determining an issue, the Court shall declare that latter determination as ultra vires and quashed. |
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| Thus, where the authority which adopted the act is alleged to have acted ultra vires, the legality of that act must, in principle, be assessed at the point in time at which it was adopted. |
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| When this legislation was first introduced in provincial jurisdictions, there was some concern that it would be ruled unconstitutional and ultra vires. |
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| Thirdly, the applicant submits that the requirement that the applicant appoints and remunerate a trustee to monitor its compliance with the decision, and receive and investigate complaints, is unlawful as being ultra vires. |
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| If the federal Parliament tries to change the definition of marriage, in my submission, they would be trenching on provincial jurisdiction, and that act would be ultra vires. |
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| Any attempt by this Parliament to create another form of union under family law would be unconstitutional because it is ultra vires the authority of Parliament. |
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| I would like to receive a response from the Chair whether in fact it has been indicated that it is ultra vires and it is unconstitutional and therefore should not be in the bill. |
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| Sir Robert was stating that the British Government may well be acting ultra vires and in breach of Community law as regards a breach of confidence. |
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| This means, in effect, that nothing otherwise lawful that a local authority may wish to do can be ultra vires. |
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| If an activity fell outside the company's capacity it was said to be ultra vires and void. |
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| The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. |
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| The court struck down the notification regarding hunting of Houbara Bustard and termed it ultra vires the Sindh Wildlife Protection Ordinance. |
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| However, in the cases of administrative acts or decisions under judicial review, the court can only intervene on the grounds of ultra vires, hence making the judgment void. |
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| This was his punishment for not passing a number of questionable pieces of legislation which were declared ultra vires anyway when they reached Ottawa. |
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| Acts of the Scottish Parliament, unlike Westminster, can be challenged in court on the basis that they relate to reserved matters and are, therefore, ultra vires. |
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| However, it can overturn secondary legislation if, for example, that legislation is found to be ultra vires to the powers in primary legislation allowing it to be made. |
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| The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. |
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| However, the original proposal to grant a general power of competence to councils was not carried through, and the doctrine of ultra vires remained. |
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