| 释义 |
ultra vires
[Latin: beyond the powers] Describing an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it. Ultra vires acts are invalid (compare intra vires). The ultra vires doctrine applies to all powers, whether created by statute or by a private document or agreement (such as a trust deed or contract of agency). In the field of public (especially administrative) law it governs the validity of all delegated and subdelegated legislation. This is ultra vires not only if it contains provisions not authorized by the enabling power but also if it does not comply with any procedural requirements regulating the exercise of the power. Subdelegated legislation that is within the terms of the delegated legislation authorizing it may still be invalid if the power to make that legislation did not include the power to subdelegate (see delegatus non potest delegare). The individual can normally establish the invalidity of delegated or subdelegated legislation by raising the point as a defence in proceedings against him for contravening it. The doctrine also governs the validity of decisions made by inferior courts or administrative or domestic tribunals and the validity of the exercise of any administrative power. The decision of a court or tribunal is ultra vires if it exceeds jurisdiction, contravenes procedural requirements, or disregards the rules of natural justice (the power conferring jurisdiction being construed as requiring the observance of these). The exercise of an administrative power is ultra vires not only if unauthorized in substance, but equally if (for example) it is procedurally irregular, improperly motivated, or in breach of the rules of natural justice. The remedies available for this second aspect of the doctrine are quashing orders, prohibiting orders, declaration, and injunction (the first two of these are public remedies, not available against decisions of domestic tribunals whose jurisdiction is based solely on contract). An act of a registered company may be ultra vires if it is beyond the objects (if any) in its articles of association. By virtue of section 39 of the Companies Act 2006, to the extent provided for by that section, such acts are valid, as the section states that an act cannot be questioned on the ground of lack of capacity by reason of anything contained in the company’s constitution. However, by virtue of section 41 of the Act, where the ultra vires act is with a third party, who is a director or connected to a director of the company, the act is voidable. These provisions are subject to section 42 of the Companies Act 2006 in relation to companies that are charities. See also capacity to contract. |