R v Secretary of State for the Home Department, ex parte Fire Brigades Union
[1995] 2 AC 513
Ratio Decidendi
A minister cannot use prerogative powers to frustrate the will of Parliament by introducing a scheme that effectively prevents a statutory scheme from being brought into force.
Facts
The Criminal Injuries Compensation Act 1995 was enacted but not brought into force. The Home Secretary instead introduced a less generous tariff-based scheme under the prerogative.
Judgment Summary
The House of Lords held the Home Secretary had acted unlawfully. He could not use prerogative powers to introduce a scheme that was inconsistent with and pre-empted the statutory scheme Parliament had enacted.
Key Quotes
"It would be most improper for the executive to use prerogative powers to frustrate the will of Parliament as expressed in a statute."
— Lord Browne-Wilkinson
Subsequent Treatment
Authority on the limits of prerogative power where Parliament has legislated.