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.

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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

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Royal prerogative of the United Kingdom notableCaseLaw R v Secretary of State for the Home Department, ex parte Fire Brigades Union
R v Secretary of State for the Home Department, ex parte Fire Brigades Union alsoKnownAs R v Secretary of State for the Home Department, ex parte Fire Brigades Union
this entity surface form: ex parte Fire Brigades Union