CCSU v GCHQ

E729432

CCSU v GCHQ is a landmark UK public law case that clarified the scope of judicial review over the exercise of prerogative powers by the executive.

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Statements (45)

Predicate Object
instanceOf United Kingdom public law case
judicial review case
citation [1984] 3 All ER 935 NERFINISHED
[1984] 3 WLR 1174
[1985] AC 374
concerns consultation rights of civil servants
judicial review of prerogative powers
national security
royal prerogative
scope of judicial review
country England and Wales NERFINISHED
court House of Lords NERFINISHED
decisionType appellate decision
decisionYear 1984
establishedPrinciple grounds of judicial review include illegality irrationality and procedural impropriety
justiciability depends on subject matter not source of power
national security can limit the duty to consult
prerogative powers are in principle reviewable by the courts
groundOfReviewDefined illegality
irrationality
procedural impropriety
hasAlternativeName Council of Civil Service Unions v Minister for the Civil Service NERFINISHED
GCHQ case
held decision to ban trade union membership at GCHQ was not reviewable on the facts because of national security
impact expanded availability of judicial review over executive prerogative powers
influenced later UK judicial review jurisprudence
involvesBody Government Communications Headquarters NERFINISHED
isLandmarkCaseIn United Kingdom administrative law
United Kingdom constitutional law
jurisdiction United Kingdom
leadingJudge Lord Brightman NERFINISHED
Lord Diplock NERFINISHED
Lord Fraser of Tullybelton NERFINISHED
Lord Roskill NERFINISHED
Lord Scarman NERFINISHED
legalArea administrative law
public law
parties Council of Civil Service Unions NERFINISHED
Minister for the Civil Service NERFINISHED
relatedConcept Wednesbury unreasonableness NERFINISHED
royal prerogative and judicial control
sourceOfDoctrine tripartite classification of judicial review grounds
topic grounds of judicial review
justiciability of executive action
usedFor teaching judicial review in UK law schools

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