20/07/2021
Ultra vires ideally means ‘going beyond the powers’.
It could also simply mean an unauthorised act or an act which is performed beyond the realm of the authority or in a manner beyond what it was authorised for.
What then truly needs to be understood is:
under what capacity was the act performed, and
under what authority was the act performed.
If the answer to both is yes, then the act is within the permissible prescribed limits; it is intra-vires.
If the answer to either or both is no, it is ultra-vires.
Now, how do we decide whether an act is beyond powers or within?
It does not necessarily imply to describe an act as ‘legally’ beyond powers or within limits. These limits could be defined by our acts, statutes, or even rule books of a company or organisation.
Who validates them? The authority who makes them.
Who makes the authority? We.
Who makes the vires (powers)? We.
Who makes the vires (powers) ultra or intra? We.