Is the ultra-vires doctrine the best justification for judicial review?
… or government adjudicatory powers are kept within the confines of the power conferred upon them by statute and by the common law. It was shown that “a claim for ‘judicial review’ means a claim to review the lawfulness of-(i) an enactment; or (ii) a decision, action or failure to act in relation to the exercise of a public function.”1 Historically, the basis of the courts’ intervention was the ‘ultra vires’ doctrine. It has been described by Sir William Wade as “the central principle of administrative law”.2 However, it has, in recent times been called a “fairytale”3 or a “fig-leaf”4. The direct Latin translation of the phrase is ‘beyond’ (ultra) ‘strength’ (vires). In legal terms, ultra vires is used to define a situation whereby a party transcends the authority in a manner that exceeds the powers granted by law. If a body exercising statutory powers went beyond the ‘four corners’ …
