R v Secretary of State for the Home Department, ex parte Fire Brigades Union

Facts

Parliament passed a statutory scheme for compensating victims of crime, to come into force when the minister chose. Instead he introduced a cheaper scheme under the prerogative.

Issue

Could the minister use the prerogative to set up a scheme inconsistent with the statutory one?

Held

No. It was unlawful to use the prerogative to frustrate the will of Parliament.

Principle

The prerogative cannot be used to defeat a statutory scheme Parliament has enacted.

Why it matters

Shows the limits on executive power.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.