Academic literature on the topic 'Ultra vires doctrine'
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Journal articles on the topic "Ultra vires doctrine"
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Belosludtsev, OLEG. "Doctrine “counter-limits” and doctrine “ultra vires” in the context of protection of national constitutional identity." Sociopolitical sciences 10, no. 6 (December 28, 2020): 98–105. http://dx.doi.org/10.33693/2223-0092-2020-10-6-98-105.
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The article is devoted to the study of the connection between the doctrine of constitutional identity with the doctrine of “counter-limits” and the doctrine of “ultra vires”. All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of “constitutional identity” in domestic theory and practice is in its infancy, in the author’s opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of “ultra vires”, paying special attention to the topic of their relationship. The author, analyzing the doctrine of “counter-limits” and the doctrine of “ultra vires”, comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on “the right of the last word”.
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Nyombi, Chrispas. "The gradual erosion of the ultra vires doctrine in English company law." International Journal of Law and Management 56, no. 5 (September 2, 2014): 347–62. http://dx.doi.org/10.1108/ijlma-08-2012-0027.
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Purpose – The purpose of this paper is to discuss the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion. Design/methodology/approach – This paper discusses the doctrine of ultra vires and its development overtime, which is claimed to be one of gradual erosion. Findings – It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost, but one which continues to haunt management. Originality/value – It builds on existing research literature.
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Hertanto, Ari Wahyudi. "PELUANG PEMULlHAN T1NDAKAN ULTRA VIRES D1REKSI SUATU PERSEROAN TERBATAS." Jurnal Hukum & Pembangunan 37, no. 1 (February 21, 2007): 22. http://dx.doi.org/10.21143/jhp.vol37.no1.147.
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AbstrakThis article does trying to give more horizon regarding two mainstreams onultra virus doctrine's. The conservative propositions is said on the rigidnature of the doctrine whilst the another has thought on the flexibilitytoward the principle. Those flexibility is embarks from their existence whichabsolutely needs within any modification thats still available. But then howfar through modification can be done will invite also the relevance factor'sitself. In case of any misconduct done (ultra vires) by the companymanagement (direction boards member·s). so it shall punish them underunlimited responsibility and can be personally alleged. The general principleconsidered is that the company management boards ought to comply and runlaw and regulations. company by laws. share holders meeting within alsonorms inside of fiduciary duties doctrine's
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Qtaishat, Ali Khaled. "The Doctrine of Ultra Vires: Commendable or Condemnable!" Asian Social Science 16, no. 5 (April 30, 2020): 148. http://dx.doi.org/10.5539/ass.v16n5p148.
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This study investigates principally the doctrine of Ultra Vires in the English law. It aims at crystalizing the ramifications of applying this act to the English Commercial Law throughout several eras, taking into account the impact of abiding by the Ultra Vires act on the parties involved in the concerned transactions; i.e. the concerned shareholders and creditors. Furthermore, the study attempts to decipher the puzzling matter which concludes whether the doctrine in question must be cherished or perished in the English legal system.
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Allan, T. R. S. "THE CONSTITUTIONAL FOUNDATIONS OF JUDICIAL REVIEW: CONCEPTUAL CONUNDRUM OR INTERPRETATIVE INQUIRY?" Cambridge Law Journal 61, no. 1 (March 7, 2002): 87–125. http://dx.doi.org/10.1017/s000819730200154x.
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THE essay questions the sense and purpose of current debate over the coherence of the ultra vires doctrine. It argues that the dispute is mainly semantic, serving to conceal rather than illuminate genuine questions about the nature and legitimacy of judicial review. If the doctrine’s opponents are right to emphasise the common law basis of the relevant standards of legality, abstractly conceived, the ultra vires school is equally right to insist that, in a statutory context, legislative intention is critical to the application of such standards. To connect the present debate with significant issues of substance, it would have to be recast as one between those favouring a “normativist” grounding of judicial review in the rule of law, on the one hand, and their “functionalist” or “pluralist” opponents, generally hostile to judicial review, on the other. The futility of the present debate is revealed by the simultaneous adherence of both sides to an integrated “rule of law” perspective. A useful analysis of the foundations of judicial review, capable of illuminating issues of substance, must explore the true meaning of the interrelated concepts of parliamentary sovereignty and the rule of law. No attack on the “empty formalism” of the ultra vires doctrine can carry conviction while at the same time affirming the doctrine of absolute parliamentary sovereignty, a doctrine equally malleable in the hands of judicial interpreters of statute, guided by common law precepts.
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Craig, Paul. "Ultra Vires and the Foundations of Judicial Review." Cambridge Law Journal 57, no. 1 (March 1998): 63–90. http://dx.doi.org/10.1017/s0008197300134397.
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There is a growing literature concerning the role of the ultra vires doctrine and its place within administrative law. For some the doctrine is the central principle of administrative law, without which judicial intervention would rest on uncertain foundations. For others, it constitutes at best a harmless fiction, which is incapable of explaining all instances of judicial intervention, and at worst a device which allows the judiciary to conceal the real justifications for developments in judicial review. Christopher Forsyth falls into the former camp. He has written a vigorous defence of the ultra vires principle, contending that “it remains vital to the developed law of judicial review”. The purpose of this article is to contribute to the debate on this issue by putting the opposing view. The article will be divided into four sections.
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Elliott, Mark. "The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law." Cambridge Law Journal 58, no. 1 (March 1999): 129–58. http://dx.doi.org/10.1017/s0008197399001075.
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THERE is currently a good deal of disagreement concerning the constitutional justification for judicial review in English law. The ultra vires doctrine holds that review is simply a function of legislative intention. In contrast, a number of commentators argue that administrative law is a body of judge-made common law which is unrelated to the will of Parliament. The truth lies somewhere between these two poles.The traditional ultra vires doctrine is unsatisfactory because, inter alia, it is unrealistic to assert that judicial review constitutes nothing more than the implementation of legislative intention. However, the attempt of some commentators to exclude intention from the justification for review is equally deficient since this is an affront to the sovereignty of Parliament. By locating the interpretative methodology of ultra vires within its proper constitutional setting and by recognising the importance of the rule of law to the process of statutory construction, it is possible to articulate an explanation of judicial review which is consistent with Parliament's legislative supremacy while avoiding the shortcomings of the traditional ultra vires principle (notably its inability satisfactorily to explain the derivation of the grounds of review; the courts' treatment of ouster clauses; the development of administrative law across time, and the extension of judicial review to non-statutory powers).
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Schneider, Karsten. "Gauging “Ultra-Vires”: The Good Parts." German Law Journal 21, no. 5 (July 2020): 968–78. http://dx.doi.org/10.1017/glj.2020.61.
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AbstractThe Federal Constitutional Court’s ultra-vires case law—especially its most recent iterations—has more than its fair share of bad parts. It went from non-existence to global prominence in an alarmingly short period of time. Fortunately, the doctrine contains some extraordinarily good parts. Within the case law, there are three beautiful, elegant, and highly expressive elements that are buried under a massive tower of good intentions and hard luck: First, the principle of distinction between the two concepts of responsibility and accountability, second, the ban on transferring blanket empowerments, and third, the idea of a “program of integration” as a good medium for expressing vague ideas. In combination, these elements constitute a constitutional mechanism that does not play hell with European law, but truly complements any union based on multi-level cooperation. Focusing on the good parts—and avoiding some bad parts—might help prospective ultra-vires reviews to steer clear of wreaking havoc. The subset of good parts can serve to shift the constitutional case law towards reliability, readability, robustness, foreseeability, and, if nothing else, explicability.
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Forsyth, Christopher. "Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review." Cambridge Law Journal 55, no. 1 (March 1996): 122–40. http://dx.doi.org/10.1017/s0008197300097762.
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The doctrine of ultra vires has been aptly described by Sir William Wade as “the central principle of administrative law” but in recent years it has been subjected to criticism. First the academics weighed in and, increasingly, eminent judges speaking or writing extra-judicially have described the doctrine as a “fairy tale” or a “fig leaf” and declared its redundancy and lack of utility.
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Rokhim, Abdul. "TINDAKAN ULTRA VIRES DIREKSI DAN AKIBAT HUKUMNYA BAGI PERSEROAN TERBATAS." Yurispruden 4, no. 1 (January 25, 2021): 86. http://dx.doi.org/10.33474/yur.v4i1.9214.
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ABSTRACTThe Actions of the Board of Directors are legally qualified as the actions of the Company as a legal entity if carried out by the authority and objectives of the Company as stated in the company's articles of association. The actions of directors that are carried out outside the authority or beyond the authority(ultra vires)cannot be qualified as the actions of the company. As a result, such legal action is not binding on the Company and only binds the Board of Directors personally with third parties. The problems examined are the limits of authority of the Board of Directors according to the UUPT and the doctrine and concept of ultra vires directors. Types of normative juridical research with conceptual approach and statute approach. The actions of the board of directors as long as it is carried out within the limits of the authority granted by the law and the articles of association of PT(intra vires)are legally viewed as the actions of PT as a legal entity. Actions of the Board of Directors that are carried out outside the authority or exceed their authority as stipulated in the laws and articles of association of PT(ultra vires)the Board of Directors must be personally responsible with third parties.Keywords: Ultra Vires Action; Board of Directors; Limited Liability Company ABSTRAKTindakan Direksi secara hukum dikualifikasi sebagai tindakan perseroan selaku badan hukum apabila dilakukan sesuai dengan kewenangan dan tujuan perseroan sebagaimana tercantum dalam anggaran dasar perseroan. Tindakan direksi yang dilakukan di luar kewenangan atau melampaui kewenangan (ultra vires) tidak dapat dikualifikasi sebagai tindakan perseroan. Akibatnya, tindakan hukum tersebut tidak mengikat perseroan dan hanya mengikat Direksi secara pribadi dengan pihak ketiga. Permasalahan yang diteliti yaitu batas-batas kewenangan Direksi menurut UUPT dan doktrin dan konsep ultra vires direksi. Jenis penelitian yuridis normatif dengan pendekatan konsep (conceptual approach) dan pendekatan peraturan perundang-undangan (statute approach). Tindakan direksi sepanjang dilakukan dalam batas-batas kewenangan yang diberikan oleh undang-undang dan anggaran dasar PT (intra vires) secara hukum dipandang sebagai tindakan PT selaku badan hukum. Tindakan Direksi yang dilakukan di luar kewenangan atau melampaui kewenangannya sebagaimana diatur dalam undang-undang dan anggaran dasar PT (ultra vires) Direksi harus bertanggung jawab secara pribadi dengan pihak ketiga.Kata Kunci: Tindakan Ultra Vires; Direksi; Perseroan Terbatas
Dissertations / Theses on the topic "Ultra vires doctrine"
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Olivier, Etienne Aubrey. "The impact of the Companies Act 71 of 2008 on the doctrines of ultra vires and constructive notice as it relates to unauthorised contracts." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5149.
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Magister Legum - LLMAn agent acting in excess of his authority creates several legal problems, particularly in company law. In South African law, like in many other legal systems around the world, the interplay between the doctrines of ultra vires and constructive notice has, historically, played a profound role in governing the relationship between a company, its representatives, and outsiders. For decades, the contractual capacity and consequent liability of companies have been guided by thorny and intricate legal principles. This issue has become especially intriguing in light of the changes to the company law regime introduced by the new legislation. The relevant sections of the Companies Act 71 of 2008 (the 2008 Act) that allow for the restriction of a company's powers, require close scrutiny and thoughtful consideration. To that end, this thesis shall examine some of the legal consequences arising from the conclusion by a company's agent of an "unauthorised contract".
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Faul, Anthony. "Gebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessie / A. Faul." Thesis, North-West University, 2008. http://hdl.handle.net/10394/4198.
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It is the aim with this paper, to research the shortcomings experienced in the appeal procedures as contained in the Engineering Profession Act ("EPA"), in order to determine whether the process should be revised or if only certain relevant sections of the EPA should be rewritten. Due to the administrative nature of certain duties of the Council as authorised by the EPA, it makes it inevitable that appeals will follow. It is therefore imperative that the procedures to appeal, must be both functional and effective.
The relevant sections of the EPA as well as the appeal procedures of the Health Professions Act's will be researched, taking into account the stipulations of the Constitution and the Promotion of Administrative Justice Act ("PAJA"). Relevant legal administrative principles and doctrines, court judgments, as well as the views of authors are also taken into account.
Two major areas of concern in certain sections of the EPA have been identified:
• The fact that the whole council has to decide on appeals, and
• the fact that such hearings have to take place within a very limited time frame.
Relevant court findings have made it clear that decisions made by authorities, have to comply with the requirements set out in the Constitution in coherence with PAJA.
In conclusion, based on the Constitutional and the legal administrative requirements, it is found to be necessary to rewrite the relevant sections of the EPA, as well as the rules of appeal, as these do not make the grade at present.Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2009.
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Etienne, Aubrey Olivier. "Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law." University of the Western Cape, 2019. http://hdl.handle.net/11394/7635.
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Doctor Legum - LLDThe ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity and the ultra vires doctrine traditionally limited the company’s ability to contract. Therefore, the legal framework regulating corporate capacity influences a company’s interactions with outsiders. The goal of the law in this regard should be to facilitate commerce while providing adequate protection to all affected stakeholders. South Africa’s Companies Act 71 of 2008 (the Act) contains several novel provisions regarding a company’s capacity, the desirability of which is questionable. Special purpose vehicles (SPVs) are used for various purposes in commerce, from asset holding in the financial services sector to concluding complex financial functions in corporate finance. For instance, traditional securitisation is a financial engineering technique that makes use of corporate SPVs. Traditional securitisation is a valuable risk management, earnings management, and corporate financing tool. Incorporators of securitisation SPVs often include capacity restrictions in the constitutions of such entities as a means of reducing the likelihood that the SPV will be subject to liquidation proceedings.This thesis analyses the capacity provisions in the Act to determine whether they provide a commercially desirable framework to facilitate the activities of SPVs used in traditional securitisation schemes. The thesis argues that the capacity provisions in the Act in their current form are undesirable because they place third parties at too great a risk in exchange for inconsistent and unreliable shareholder protection. Executory ultra vires contracts concluded by limited capacity companies are at the same time valid and capable of being restrained by a single shareholder, director or prescribed officer of the company. It is argued that the Act’s approach to corporate capacity is detrimental to commercial certainty and creditor protection, and that capacity restrictions under the current framework do not provide any more shareholder protection than ordinary authority limitations would. Consequently, it is argued that the capacity provisions in the Act do not make a positive contribution to the “insolvency-remoteness” of SPVs used in traditional securitisation schemes. It is recommended that the capacity provisions in the Act should be substantially amended, or deleted.
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Fernández, Gates Carlos Alberto. "Revisando la necesidad de mantener la doctrina de los actos ultra vires en el objeto social de las sociedades peruanas." IUS ET VERITAS, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/123725.
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YANG, LIH CHIOU, and 楊麗秋. "A Study of the Ultra Vires Doctrine for Company." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/65919029298076560946.
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碩士國立政治大學
法律學系
84
The main configuration of this thesis can be summarized as follows: First, the concept of the capacity of company and the limitation of the capacity are described. Next, the concept of Ultra Vires Doctrine is introduced. Third, the history of the Ultra Vires Doctrine in U.K., U.S.A., andJapan are also presented, respectively. Fourth, the keypoint of the Ultra Vires Doctrine in U.K., U.S.A., and Japan are discussed, respectively, and the viewpoint of the Ultra Vires Doctrine in Germany is also studied. Fifth, the relationship between the company political donatrions andthe Ultra Vires Rule is investigated. Sixth, the executive condition of Ultra Vires Doctrine in Taiwan, R.O.C. is investigated. Finally, the conclusions of the thesis are presented.
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Cejpová, Tereza. "Teoretické koncepce doktríny "ultra vires" v právní systému Spojeného království." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-321011.
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The aim of this thesis is to provide an explanation and introduction of a specific legal doctrine; Ultra Vires. In addition, this paper will illustrate how the methodology was applied under the United Kingdom company law from the mid-19th century to 2009. Furthermore, this paper will offer a brief analysis of British law after the abolition of the Ultra Vires doctrine. Ultra Vires is a set of rules that limits the legal capacity of companies. As a result, the company's legal capacity was limited while the doctrine was applied. The scope and capacity of a company was defined by the objects clause contained in the memorandum of association. From this, it was deduced that an act done by the company outside its objects clause (an ultra vires act) was null and void. Considering that the legal capacity of companies in the Czech legal system is unlimited and that there are no research papers dedicated to companies with limited capacity in the Czech language, the aim of this thesis is to provide it. The thesis is divided into six chapters: Introduction; Introduction to the Doctrine of Ultra Vires; Formation of the Doctrine of Ultra Vires; Development of the Doctrine of Ultra Vires; Abolition of the Doctrine of Ultra Vires and a Conclusion. The Introduction is dedicated to the explanation of the legal...
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Kupová, Věra. "Ústavní přezkum mezí pravomocí EU v ČR a v Německu (Lisabonská smlouva a další vývoj)." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-327250.
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CONSTITUTIONAL REVIEW OF THE LIMITS OF POWERS OF THE EU IN THE CR AND GERMANY (THE LISBON TREATY AND FURTHER DEVELOPMENT) The purpose of the thesis is to analyze the case-law of the Constitutional Court of the Czech Republic and the Federal Constitutional Court of Germany relevant to the question of the relationship between Union law and national law, paying attention especially to the problematic area of ultra vires review claims, ie to the right of the constitutional court of a Member State to take the final decision whether an act of any European institution exceeds powers that have been transferred from the Member States to the EU according to the Treaties. The thesis consists beside introduction and conclusion of four chapters. Chapter one introduces the key provisions of the national constitutions both in Germany and in the Czech Republic, which allow to the Member States to delegate some of their sovereign powers to the EU. Chapter two deals with earlier decisions of both constitutional courts regarding the matter of EU law (before the Lisbon judgement) and points out the leading premises which were most important for the future development of the case-law on relationship between Union law and national law. Chapter three provides an analysis of three judgements on the Treaty of Lisbon (the Lisbon...
Books on the topic "Ultra vires doctrine"
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Temple, Richard Mark. An examination of the doctrine of 'ultra vires' in English and French company law. Birmingham: University of Birmingham, 1987.
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Council, Canada Privy, ed. Canadian companies incorporation and the doctrine of ultra vires in the light of Privy Council decisions. Montreal: Financial Times Press, 1994.
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Dignam, Alan, and John Lowry. 12. The constitution of the company: dealing with outsiders. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0012.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
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Dignam, Alan, and John Lowry. 12. The constitution of the company: dealing with outsiders. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1173.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
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Burris, Scott, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday. Administrative Challenges. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190681050.003.0014.
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This chapter introduces the basic elements of administrative law and some key related legal doctrines. It covers administrative procedures acts that govern how agencies make or promulgate regulations and the rights of the public to have input. It then addresses the law governing legal challenges to the validity of the rules that agencies succeed in issuing, such as the ultra vires doctrine, and how agencies defend their decisions through legal doctrines such as Chevron deference. Finally, the chapter discusses how people establish standing to challenge agency actions, both through administrative channels and via the writ of habeas corpus.
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Brown, Alexander. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.003.0001.
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Section I tries to identify some of the hallmarks of legitimate expectations, as a general concept, and to say something as to how it might be contrasted from the concept of reasonable expectations. Section II outlines key features of the legal doctrine of legitimate expectations, including the ostensible purpose of the doctrine, the distinction between procedural and substantive legitimate expectations, the scope of the doctrine, the circumstances, ways, or modes of legitimate expectations coming into being, the place of reliance, the distinction between intra vires and ultra vires governmental conduct, and the underpinning legal values, ideals, or standards. Section III sets the scene for the Responsibility-Based Account. Section IV introduces the question of remedies for frustrated legitimate expectations, distinguishes between four basic approaches, and defends an approach of liability. Finally, Section V articulates in more detail the idea of normatively supporting or grounding principles of administrative justice.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 19. Co-ownership and priorities:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0019.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching.. It is theorised that s 27(1) of the Law of the Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. The chapter explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching.
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Jan, Wouters, and Odermatt Jed. 2 Legal Powers, 2.3 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) , International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0012.
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The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine of ultra vires, and the Court’s relationship with other UN organs. The opinion also has consequences for the UN General Assembly, including its role in the system of collective security, its budgetary powers, and its relationship with the UN Security Council. The chapter not only examines the Court’s reasoning but also discusses the wider significance of the case for international law.
Book chapters on the topic "Ultra vires doctrine"
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Rajak, Harry. "The Foundations of the Doctrine of Ultra Vires." In Legal History and Comparative Law, 215–39. Routledge, 2018. http://dx.doi.org/10.4324/9781315035512-11.
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Dignam, Alan, and John Lowry. "12. The constitution of the company: dealing with outsiders." In Company Law, 257–74. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848455.003.0012.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
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"Two Mistakes: Parliamentary Intent and the Ultra Vires Doctrine." In The Constitutional Balance. Hart Publishing, 2020. http://dx.doi.org/10.5040/9781509935482.ch-007.
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Faragher, Colin. "11. Grounds for judicial review: illegality." In Public Law Concentrate, 159–72. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.003.0011.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.
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Faragher, Colin. "11. Grounds for judicial reviewIllegality." In Public Law Concentrate, 161–74. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897251.003.0011.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.
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Faragher, Colin. "11. Grounds for judicial review: illegality." In Public Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803898.003.0011.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. This chapter looks at the classification of grounds for judicial review, illegality, ultra vires, jurisdictional and non-jurisdictional error, subjective discretion, and the ultra vires doctrine, improper purpose with or without express stipulation in the empowering statute, mixed motives, relevant and irrelevant considerations with or without express stipulation in the empowering statute, lack of evidence, and unlawful failure to exercise a discretionary power by policy, estoppel based on a representation made by an official, agreement, or wrongful delegation.
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Amerasinghe, Chittharanjan Felix. "Acts of non-judicial organs: the doctrine of ultra vires." In Principles of the Institutional Law of International Organizations, 193–216. Cambridge University Press, 2005. http://dx.doi.org/10.1017/cbo9780511614224.008.
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"GROUNDS FOR JUDICIAL REVIEW: ILLEGALITY (1) THE ULTRA VIRES DOCTRINE." In Briefcase on Constitutional & Administrative Law, 127–38. Routledge-Cavendish, 2004. http://dx.doi.org/10.4324/9781843145707-14.
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Brice, Dickson. "8 Administrative Law." In The Irish Supreme Court. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198793731.003.0008.
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This chapter explains the history of ‘State Side orders’ and the development of applications for judicial review of administrative (as opposed to legislative) action in Ireland. It sets out the ramifications of the ultra vires doctrine, highlighting the East Donegal case. The importance of principles of natural justice is stressed, considering cases such as Healy. Then the way the term ‘reasonableness’ has been unpacked in Ireland is subjected to close examination, with reference to cases such as Keegan and O’Keeffe. The Meadows case and the doctrine of proportionality are analysed, as is the extent to which the Supreme Court adheres to a deferential approach to administrative bodies. Throughout this chapter the subtle differences between the Irish and English approaches to administrative law are singled out for attention and critique
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. "17. Co-Ownership and Priorities: The Defences Question." In Land Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806066.003.0017.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching. It is theorized that s 27(1) of the Law of the Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. The chapter explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching.
Reports on the topic "Ultra vires doctrine"
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Bowler, Tracey. HMRC’s Discretion: The Application of the Ultra Vires Rule and the Legitimate Expectation Doctrine. IFS, December 2014. http://dx.doi.org/10.1920/re.ifs.2014.0102.
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