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Substantive Ultra Vires

AI-generated Abstract

The paper explores the concept of substantive ultra vires within the context of judicial control over subsidiary legislation. It discusses how acts by administrative authorities can be invalidated when they exceed their delegated powers or violate mandatory rules. The efficacy of substantive ultra vires is linked to the clarity of delegated provisions, with vague legislation posing challenges for court enforcement. Additionally, it emphasizes the necessity of the Doctrine of Excessive Delegation to prevent excessive delegation of powers, especially in light of judicial recognition of this doctrine's role in preserving legislative limits.