JUDICIAL REVIEW OF ADMINISTRATIVE ACTION II – SUBSTANTIVE ULTRA VIRES AND ABUSE OF POWER

The literal interpretation of the phrase ultra vires is beyond the powers. When power is conferred on an administrative body, the instrument conferring the power may itself provide for restrictions on the exercise of the power. Such restrictions may be procedural (ie how the power is to be exercised) or substantive (ie what the power authorises to be done). Even though the statute conferring the power does not in terms limit its operation, the courts will impose limits by reference to principles of reasonableness and fairness.