Council of Civil Service Unions v Minister for the Civil Service
[1985] AC 374
Ratio Decidendi
The exercise of prerogative powers is subject to judicial review on the same grounds as statutory powers (illegality, irrationality, procedural impropriety), unless the subject matter is non-justiciable.
Fakty
The Minister banned trade union membership at GCHQ without prior consultation. The unions challenged the decision, arguing breach of legitimate expectation.
Podsumowanie orzeczenia
The House of Lords held that prerogative powers are reviewable in principle, establishing the three grounds of judicial review: illegality, irrationality, and procedural impropriety. However, the national security justification in this case overrode the legitimate expectation.
Kluczowe cytaty
"Judicial review has I think developed to a stage today when one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review."
— Lord Diplock
Późniejsze zastosowanie
The foundational classification of grounds of judicial review still used today.