Council of Civil Service Unions v Minister for the Civil Service (GCHQ)
1984 · [1985] AC 374
Posted By lanbuk.com
- Facts
- The Prime Minister, using a prerogative Order in Council, banned staff at GCHQ from belonging to national trade unions without consulting them, despite a long practice of consultation.
- Issue
- Was the exercise of a prerogative power reviewable, and was there a duty to consult?
- Held
- Prerogative powers can be reviewed, depending on their subject matter. The unions had a of consultation, but national security justified the failure to consult.
- Principle
- Lord Diplock grouped the grounds of review as illegality, irrationality and procedural impropriety.
- Why it matters
- The leading statement of the grounds of and of legitimate expectation.
Words and Latin in this note
- Legitimate expectation
- An expectation, created by a clear promise or settled practice of a public body, that the law may protect by requiring a hearing or, in rare cases, holding the body to its promise. Open the note.
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.