Ultra Vires

''Ultra vires'' is a Latin Phrase that literally means "beyond the power." Its inverse is called '''''intra vires''''', meaning "within the power".

It is used as a Legal term in a number of contexts:

In Corporate Law , ''ultra vires'' describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's Charter , the laws authorizing its formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of is charter are Void or Voidable . Except in the case of Non-profit Corporation s (including Municipal Corporations ), this legal doctrine is Obsolescent ; within recent years, almost all business corporations are chartered to allow them to transact any lawful business. The doctrine still has have some life among non-profit corporations or state-created corporate bodies established for a specific public purpose, like Universities or Charities . In some jurisdictions, such as Australia, legislation provides that a corporation has all the powers of a natural person plus others; also, the validity of acts which are made ultra vires is preserved .

Under Constitutional Law , particularly in Canada and the United States , constitutions give federal and provincial or state governments various powers. To go outside those powers would be ultra vires; for example, although the court did not use the term, in striking down a federal law in '' United States V. Lopez '' on the grounds that it exceeded the Constitutional authority of Congress, the Supreme Court effectively declared the law to be ''ultra vires''.

In British Constitutional Law , ''ultra vires'' describes patents, ordinances and the like enacted under the Prerogative Powers of the Crown that contradict statutes enacted by the King-in-Parliament . Almost unheard of in modern times, ''ultra vires'' acts by the Crown or its servants were previously a major threat to the Rule Of Law .

In Administrative Law , an act may be Judicially Reviewable ultra vires in a narrow or broad sense. Narrow ultra vires applies if an administrator did not have the substantive power to make a decision or it was wrought with procedural defects. Broad ultra vires applies if there is an abuse of power (e.g. Wednesbury Unreasonableness or bad faith) or a failure to exercise an administrative discretion (e.g. acting at the behest of another or unlawfully applying a government policy). Either doctrine may entitle a claimant to various prerogative writs, equitable remedies or statutory orders if they are satisfied.

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	latin legal phrases

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Ultra Vires