Ratification and Validation

Ratification means affirmation or approval.  By ratifying an act or action, a person becomes responsible for the consequences of that act or action.  Ratification can be implied or express.  However, whether there is an implied ratification depends on the circumstances of the case.

An implied ratification is insufficient to show a delegation of authority to take action or to eliminate the limitations upon the powers of an agency.

The unauthorized acts of administrative agencies will be valid and binding by ratification unless the attempted ratification is made when the ratifying authority could not lawfully do the act, or there are substantial intervening rights.

Even if the validating act has retroactive effect, the act will not become ineffective.  When the legislature ratifies the act, it becomes the act of the legislature, without any question of delegation[i].

[i] Harrison v. Snyder, 217 Ark. 528 (Ark. 1950)


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