Council of Civil Service Unions v Minister for the Civil Service
[1985] AC 374
判决理由
The exercise of prerogative power is subject to judicial review. The three grounds for judicial review are: illegality (decision-maker must correctly understand and apply the law), irrationality (Wednesbury unreasonableness), and procedural impropriety (failure to follow fair procedures).
事实
The Prime Minister (as Minister for the Civil Service) issued an instruction banning workers at GCHQ from joining trade unions, on grounds of national security, without prior consultation. The unions challenged the decision.
判决摘要
The House of Lords held that the exercise of prerogative power was in principle amenable to judicial review, but on the facts, national security considerations outweighed the duty to consult. Lord Diplock's classification of the three grounds for judicial review became the standard framework.
关键引述
"Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review."
— Lord Diplock
后续处理
The three-ground framework (illegality, irrationality, procedural impropriety) remains the standard classification for judicial review.