Council of Civil Service Unions v Minister for the Civil Service UKHL 9, or the GCHQ case, is a United Kingdom constitutional law and UK labour law case that held the Royal Prerogative was subject to judicial review.
Then go on to look at justiciability. Explain Lord Denning's views in the Laker Airways case and then go on to give an in depth account of the justiciability principle in the GCHQ case. This is the heart of the topic and you should spend the most time on this when preparing your answer.
The decision of House of Lord in the case GCHQ15 it was held by Lord Roskill that prerogative power includes prerogative mercy which he thought to be inherently non-justiciable.16 9.
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Also known as the GCHQ case; Under prerogative powers, Margaret Thatcher’s government prevented GCHQ civil servants being members of unions; The unions sought judicial review of this decision; Issue. Could prerogative powers be subject to judicial review; Is there a public law right to legitimate expectation; Decision. Yes, but claim failed; Reasoning. Although prerogative powers can be.
In this case, the Prime Minister of England, Baroness Thatcher, used reasons associated with national security as a basis for excluding union representation for GCHQ staff. This case is but one case that raises questions associated with the proper use of non-statutory executive powers (also known as the 'prerogative powers').
The GCHQ case established that there is no principled distinction between the source of governmental authority i.e. through the statute or the prerogative and that the executive’s use of that.
There is a considerable amount of case law now (such as the GCHQ case in 1984) which has eroded the absolutist approach to the immunity of Crown decisionmaking. The reasons for this are not difficult to determine. Lord Drummond Young, one of the three judges in the Court of Session, stated: The rule of law requires that any act of the executive, or any other public institution, must be liable.
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Non-Justiciability and Political Questions. Hasan Dindjer. Examination Fellow at All Souls College and DPhil student in the Faculty of Law. Week: HT6. 24 Feb 2016, 1:00PM. Venue: Faculty of Law - Senior Common Room. Series: Law and Public Affairs Discussion Group. Organised by: Law and Public Affairs. Public law is pervaded by anxiety about the role of courts. This is implicated perhaps most.
In the GCHQ case ((1985) AC 374), the House of Lords put beyond doubt that determining the existence and extent of prerogative powers is a question for the courts. In the same case, the Law Lords held that the review of the exercise of powers in a particular case would depend on the nature and subject matter of the power in question. So, in this case, the question was justiciable because it.
Then go on to look at justiciability. Explain Lord Denning's views in the Laker Airways case and then go on to give an in depth account of the justiciability principle in the GCHQ case. This is the heart of the topic and you should spend the most time on this when preparing your answer. The last part of your answer should be a discussion focusing on the extent to which GCHQ widened the.
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