excess of jurisdiction

The adoption of a process outside the bylaws amounted to an excess of jurisdiction."

The various grounds of "excess of jurisdiction" are clearly covered in Lord Diplock's later classification.

Lord Reid's interpretation of want and excess of jurisdiction is in fact reflective of the theory of extensive review considered above.

This process may be used where the challenge is on the basis that the magistrates' decision is wrong in law or is in excess of jurisdiction.

The prosecution has a right of appeal against acquittal in summary cases if the decision appears to be wrong in law or in excess of jurisdiction.

Anyone who has read a selection of cases concerned with jurisdiction will have come across the distinction drawn between want of jurisdiction and excess of jurisdiction.

Notwithstanding that the decision is by a statute made 'final,' certiorari can still issue for excess of jurisdiction or for error of law on the face of the record."

First, does judicial review by way of certiorari ever lie to review error of law where there is no issue as to excess of jurisdiction or breach of natural justice?

Despite this last reference to excess of jurisdiction, it seems that Lord Denning M.R. is anxious to prevent every point of construction in the statute from becoming jurisdictional.

The defendant had argued that part of the land was exempt from tithes but an assistant tithe commissioner had denied this; the defendant now asserted that the determination was an excess of jurisdiction.

Instead, the Court cited UK authorities holding that ouster clauses are ineffective when there has been an absence of jurisdiction or an excess of jurisdiction on the part of the decision-maker, a position which characterized the law prior to Anisminic.

There is thus no doubt that on the older authorities the courts have refused to review by way of certiorari the decision of a visitor even though they were prepared to grant mandamus to require him to act or to prohibit him from acting in excess of jurisdiction.

In Capricorn Inks Pty Ltd v Lawter International (Australasia) Pty Ltd [1989]1 Qd R 8, accountants appointed to assess damages were held to have acted in excess of jurisdiction by not acting with procedural fairness.

He was a strong judge, who well knew how to sustain the dignity of his office, and showed as much firmness in restraining by prohibition an excess of jurisdiction on the part of the ecclesiastical commission in 1581 as in enforcing the laws against the sectaries in that and subsequent years.

(2) Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to a county court."

Judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.