GCHQ case
E729433
The GCHQ case is a landmark 1984 UK public law decision that clarified the scope of judicial review over the exercise of prerogative powers by the executive.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
United Kingdom public law case
ⓘ
judicial review case ⓘ |
| alsoKnownAs |
CCSU v Minister for the Civil Service
NERFINISHED
ⓘ
GCHQ trade union ban case NERFINISHED ⓘ |
| areaOfLaw |
administrative law
ⓘ
public law ⓘ |
| citation |
[1984] 3 All ER 935
ⓘ
[1984] 3 WLR 1174 ⓘ [1985] AC 374 NERFINISHED ⓘ |
| concerns |
duty to consult
ⓘ
judicial review of prerogative powers ⓘ national security and justiciability ⓘ procedural legitimate expectation ⓘ scope of judicial review ⓘ |
| country | United Kingdom ⓘ |
| court | Appellate Committee of the House of Lords NERFINISHED ⓘ |
| decisionDate | 22 November 1984 ⓘ |
| decisionYear | 1984 ⓘ |
| defines | grounds of illegality, irrationality and procedural impropriety ⓘ |
| famousFor | formulating the modern tripartite grounds of judicial review ⓘ |
| hasFullName | Council of Civil Service Unions v Minister for the Civil Service NERFINISHED ⓘ |
| hasKeyword |
judicial review
ⓘ
legitimate expectation ⓘ national security ⓘ prerogative powers ⓘ procedural fairness ⓘ |
| holding |
a legitimate expectation of consultation existed but was overridden by national security
ⓘ
judicial review depends on the subject matter, not the source, of the power ⓘ national security can justify limiting procedural fairness ⓘ prerogative powers are in principle reviewable by the courts ⓘ |
| influenced |
development of UK administrative law
ⓘ
later cases on legitimate expectation ⓘ later cases on reviewability of prerogative powers ⓘ |
| involvedBody | Government Communications Headquarters NERFINISHED ⓘ |
| involvedParty |
Council of Civil Service Unions
NERFINISHED
ⓘ
Minister for the Civil Service NERFINISHED ⓘ |
| jurisdiction | United Kingdom ⓘ |
| languageOfProceedings | English ⓘ |
| leadingJudge |
Lord Brightman
NERFINISHED
ⓘ
Lord Diplock NERFINISHED ⓘ Lord Fraser of Tullybelton NERFINISHED ⓘ Lord Roskill NERFINISHED ⓘ Lord Scarman NERFINISHED ⓘ |
| legalIssue |
existence and scope of legitimate expectation
ⓘ
whether national security can exclude judicial review ⓘ whether prerogative powers are subject to judicial review ⓘ |
| subjectMatter | ban on trade union membership at GCHQ ⓘ |
| timePeriod | 20th century ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.