Sentences with phrase «state acted ultra»
The court rejected the claimant authorities» submission that the secretary of state acted ultra vires since Underhill J was satisfied that she had the requisite power to act as she did.
https://www.newlawjournal.co.uk/ Not exact matches
In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).
It considers OMTs ultra vires for two reasons, first because the ECB thereby acts outside its monetary mandate, and second because OMTs infring the prohibition on monetary budget funding stated in Article 123 (1) TFEU.
The High Court declined to state expressly that a PSPO that was discriminatory, or violated a provision of the Equality Act, must also be ultra vires.
Taking the pro-integrative notion of the EU («ever close union»), protection of EU citizens rights, the principle of loyal cooperation etc., you think the state will act ultra vires if it changes its mind?
To return to prof. Peters» example, the rules that divide power between federal and state or provincial legislatures impose duties on legislators not to act in certain ways (i.e. not to legislate ultra vires).
In R (Reilly) v Secretary of State for Work and Pensions [2013] UKSC 68 the court confirmed that regulations governing a skills scheme for people on jobseekers allowance were ultra vires the Jobseekers Act 1995 because, among other things, they were imprecise.