R v Secretary of State for the Home Department, ex parte Fire Brigades Union
E197471
R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.
All labels observed (2)
| Label | Occurrences |
|---|---|
| R v Secretary of State for the Home Department, ex parte Fire Brigades Union canonical | 1 |
| ex parte Fire Brigades Union | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T1766046 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: R v Secretary of State for the Home Department, ex parte Fire Brigades Union Context triple: [Royal prerogative of the United Kingdom, notableCaseLaw, R v Secretary of State for the Home Department, ex parte Fire Brigades Union]
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A.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
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B.
R v Thorpe and Others (1979)
R v Thorpe and Others (1979) was the high-profile criminal trial in which former Liberal Party leader Jeremy Thorpe and co-defendants were prosecuted over an alleged conspiracy to murder Norman Scott.
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C.
R (Miller) v Secretary of State for Exiting the European Union
R (Miller) v Secretary of State for Exiting the European Union is a landmark 2017 UK Supreme Court case that held the government must obtain parliamentary approval before triggering Article 50 to leave the European Union.
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D.
S.S. Wimbledon case
The S.S. Wimbledon case was a landmark 1923 decision of the Permanent Court of International Justice that clarified the limits of state sovereignty under international treaty obligations, particularly regarding freedom of navigation through the Kiel Canal.
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E.
Hague v. CIO
Hague v. CIO is a 1939 U.S. Supreme Court case that significantly shaped First Amendment jurisprudence by affirming protections for public assembly and speech in public forums.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: R v Secretary of State for the Home Department, ex parte Fire Brigades Union Target entity description: R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.
-
A.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
-
B.
R v Thorpe and Others (1979)
R v Thorpe and Others (1979) was the high-profile criminal trial in which former Liberal Party leader Jeremy Thorpe and co-defendants were prosecuted over an alleged conspiracy to murder Norman Scott.
-
C.
R (Miller) v Secretary of State for Exiting the European Union
R (Miller) v Secretary of State for Exiting the European Union is a landmark 2017 UK Supreme Court case that held the government must obtain parliamentary approval before triggering Article 50 to leave the European Union.
-
D.
S.S. Wimbledon case
The S.S. Wimbledon case was a landmark 1923 decision of the Permanent Court of International Justice that clarified the limits of state sovereignty under international treaty obligations, particularly regarding freedom of navigation through the Kiel Canal.
-
E.
Hague v. CIO
Hague v. CIO is a 1939 U.S. Supreme Court case that significantly shaped First Amendment jurisprudence by affirming protections for public assembly and speech in public forums.
- F. None of above. chosen
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
House of Lords decision
ⓘ
United Kingdom constitutional law case ⓘ |
| alsoKnownAs |
Fire Brigades Union case
ⓘ
R v Secretary of State for the Home Department, ex parte Fire Brigades Union ⓘ
surface form:
ex parte Fire Brigades Union
|
| areaOfLaw |
administrative law
ⓘ
constitutional law ⓘ public law ⓘ |
| citation |
[1995] 2 AC 513
ⓘ
[1995] 2 All ER 244 ⓘ [1995] 2 WLR 1 ⓘ |
| citedIn |
cases on the implementation of statutory schemes
ⓘ
cases on the scope of the royal prerogative ⓘ |
| concerns |
implementation of the Criminal Justice Act 1988 criminal injuries compensation scheme
ⓘ
relationship between statute and prerogative powers ⓘ |
| country | England and Wales ⓘ |
| court | House of Lords ⓘ |
| held |
the Home Secretary acted unlawfully by using prerogative powers to introduce a new compensation scheme instead of bringing the statutory scheme into force
ⓘ
the executive cannot use prerogative powers to frustrate the will of Parliament expressed in primary legislation ⓘ |
| importance |
clarified that prerogative powers are subject to judicial review when affecting rights
ⓘ
seminal authority on the constitutional status of the royal prerogative ⓘ |
| involvesParty |
Fire Brigades Union
ⓘ
Home Secretary ⓘ
surface form:
Secretary of State for the Home Department
|
| judge |
Lord Keith of Kinkel
ⓘ
Lord Lloyd of Berwick ⓘ Lord Mustill ⓘ Lord Nicholls of Birkenhead ⓘ |
| jurisdiction | United Kingdom ⓘ |
| leadingAuthorityFor |
executive obligation to respect uncommenced statutory schemes
ⓘ
limits on the use of prerogative powers where Parliament has legislated ⓘ |
| leadingCaseOn |
duty of the executive to implement Acts of Parliament
ⓘ
limits of the royal prerogative ⓘ |
| legalIssue |
whether failure to bring a statutory scheme into force could be challenged by judicial review
ⓘ
whether the Home Secretary could lawfully introduce a non-statutory compensation scheme under the prerogative ⓘ |
| partOf |
UK case law on royal prerogative
ⓘ
UK case law on separation of powers ⓘ |
| presidingJudge | Lord Browne-Wilkinson ⓘ |
| principle |
statutory powers and duties take precedence over inconsistent prerogative powers
ⓘ
there is a duty on the executive not to frustrate the purpose of an Act of Parliament by inaction ⓘ |
| relatedLegislation | Criminal Justice Act 1988 ⓘ |
| relatedTo | criminal injuries compensation scheme ⓘ |
| remedy | declaration that the Home Secretary had acted unlawfully ⓘ |
| topic |
justiciability of prerogative powers
ⓘ
ministerial discretion in bringing legislation into force ⓘ separation of powers in the UK constitution ⓘ |
| usedIn |
UK administrative law teaching
ⓘ
UK constitutional law teaching ⓘ |
| yearDecided | 1995 ⓘ |
How these facts were elicited
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Subject: R v Secretary of State for the Home Department, ex parte Fire Brigades Union Description of subject: R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.