GENERAL KNOWLEDGE

WHEN A SUPERIOR COURT DECLARES AN ACTION OF THE EXECUTIVE ULTRA-VIRES, IT MEANS THAT

  • A. the executive should leave power
  • B. a vote of no confidence had been passed on the government
  • C. the judiciary is more powerful than the executive
  • D. the action is illegal and of no effect ✓

 

The answer to the question is: D. the action is illegal and of no effect

When a superior court declares an action of the executive ultra vires, it means that the action is illegal and of no effect. The term “ultra vires” is a Latin phrase meaning “beyond the powers.” In the context of government actions, it refers to actions that exceed the legal authority or power granted to the executive branch. When a superior court declares an action ultra vires, it is asserting that the executive has acted beyond its legal authority and that the action is therefore invalid and of no effect.

This declaration by the court serves as a check on the powers of the executive branch, ensuring that it operates within the bounds of its legal authority. It upholds the principle of the rule of law and prevents government officials from overstepping their prescribed powers.

In practical terms, when an action is declared ultra vires, it means that any decisions, orders, or regulations stemming from that action are considered null and void. This can have significant implications for governance, as it invalidates any legal effects or consequences that would have arisen from the unauthorized action.

The concept of ultra vires is fundamental to the separation of powers in democratic systems, as it reinforces the judiciary’s role in interpreting and upholding the constitution and laws. By declaring executive actions ultra vires when necessary, courts ensure that governmental powers are exercised within their lawful limits.

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