Is the ultra vires rule the basis of judicial review?
Is the ultra vires rule the basis of judicial review? The ultra vires doctrine of administrative law, which confines a public authority to the jurisdiction conferred by Parliament, has been challenged by a common law theory of judicial review: the power of the courts to enforce the rule of law does not depend on legislative intent or instruction. What is ultra vires in judicial review? The theoretical basis of judicial review of administrative decisions comes from the doctrine of ultra vires. Such an exercise of judicial power does not threaten the separation of powers, as the court is merely ensuring...