Public Law 2 - Controls on Power

Question 1

What is the process of judicial review?

Answer 1

1. Legal power said to have been exercised unlawfully.
2. Make an application or petition for judicial review.
3. Petitioner/claimant argues on the basis of recognized grounds of review.
4. Courts consider the legality as opposed to the merits of the decision.
5. Courts decide what remedies, if any, to award.

Question 2

Define ultra vires.

Answer 2

Ultra vires translates to “beyond the powers.” This means that someone is acting beyond the scope of the authority or power that is granted to him by law, contract, or agreement.

Question 3

What is the ultra vires concept?

Question 4

What is the tripartite relationship?

Answer 4

The conferring authority who created and delegated a power, the decision maker exercising the power delegated to them, and the individual receiving the power.