Consequently, ultra vires
was gradually abandoned as investor-owned firms came to dominate the corporate landscape.
If that analysis is correct, then there may have been a majority ratio in Roncarelli to the effect that where a public authority acts illegally or ultra vires
and causes financial loss to the affected person, absent statutory protection in various forms, that action constitutes faute and attracts liability under article 1053 C.
By contrast, common law critics of the traditional view have questioned whether the ultra vires
doctrine should still be considered the foundation of judicial review.
40) Steel Seizure therefore reinforces the understanding that judicial review is vital, certainly as to subordinate executive actors, in identifying executive action that is ultra vires
the reasoning in Kingstreet that ultra vires
taxes should be recoverable
These are essentially characterized as jurisdictional questions and therefore involve determination of whether the impugned act is ultra vires
By passing the 2002 Act, the Government has effectively acknowledged that this was so, for the Act seeks to make precisely that which was ultra vires
in the past legal in the future, in complete disregard of the compelling reasons for the previous withholding of such powers.
That as a direct result of the illegal and ultra vires
conduct by the Respondents at the Security Council, the Applicants have nowhere else to turn for Relief except to the General Assembly, the Secretary General, the Economic
Only if the action of the commission can be proved to be ultra vires
(beyond its legal authority or power) can the matter be brought up at the next Assembly.
The radical political activities thus were ultra vires
, and the alleged charter violation, the officials asserted, constituted fraud.
If this argument is successful in showing that the responsible person acted ultra vires
, it will be difficult for the IRS to prove that the individual was acting as "agent" or "in behalf" of the corporation when his actions were unknown and unauthorized by the corporation and were in breach of the fiduciary duties incumbent on an officer/director.
The lawsuit states, "OR-OSHA has engaged in activities that are unlawful, ultra vires
, defamatory, negligent,and retaliatory in nature.