ABSTRACT

Two principal classes of action may be pursued: those which allege that there has been a breach of statutory requirements, and those alleging that a decision has been reached in an unreasonable manner or in disregard of the rules of natural justice. Ultra vires refers to action which is outside – or in excess of – powers of decision-making bodies. The ultra viresprinciple is consistent with the doctrine of parliamentary sovereignty and, to some extent, with the concept of the rule of law. However, there are objections to the courts holding so tenaciously to a concept which, in some respects, is inappropriate to describe what the courts actually do in the control of administrative powers. With the procedural aspects of judicial review proceedings in mind, attention can be turned to the grounds on which judicial review may be sought.