mala fide
Meaning. In bad faith; done with a dishonest or improper motive.
An act is mala fide when it is done with dishonest intention, or for a purpose other than the one for which the power was given. It is the opposite of bona fide.
In administrative law, mala fides is a ground for quashing an order. It takes two forms: malice in fact (personal ill-will against the person affected) and malice in law (using a power for an unauthorised purpose, even without personal spite). Courts require clear pleading and proof; a bare allegation of mala fides, without the person accused being made a party, is not enough.
Example
The transfer order was quashed as mala fide because it was passed to punish the officer for reporting the minister's irregularities.
See also
bona fide · détournement de pouvoir · judicial review
Read more in the study notes
- Rule of law and droit administratif (Administrative Law)
- Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
- Administrative discretion and its judicial review (Administrative Law)
- Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
- Government contracts and state liability: the administrative-law angle (Administrative Law)
- Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)