What does ultra vires mean in administrative law?

What does ultra vires mean in administrative law?

• A. Within the agency’s statutory authority.
• B. In agreement with enabling statute.
• C. Not subject to judicial review.
• D. Beyond the agency's statutory authority.

Answer: (C)

Ultra vires means beyond the powers conferred by the statute that creates the agency. It tests whether an administrative action exceeds the scope of authority the enabling statute grants. When an action is ultra vires, it is outside what the statute allows and can be challenged in court as invalid. This is not about being in agreement with the statutory mandate or simply being immune from review; it’s about whether the agency acted within or beyond its legal authority. Within-authority actions are fine, and actions in line with the enabling statute are authorized; ultra vires is the opposite, indicating the act went past what the statute permits.

Ultra vires means beyond the powers conferred by the statute that creates the agency. It tests whether an administrative action exceeds the scope of authority the enabling statute grants. When an action is ultra vires, it is outside what the statute allows and can be challenged in court as invalid. This is not about being in agreement with the statutory mandate or simply being immune from review; it’s about whether the agency acted within or beyond its legal authority. Within-authority actions are fine, and actions in line with the enabling statute are authorized; ultra vires is the opposite, indicating the act went past what the statute permits.