Council of Civil Service Unions v Minister for the Civil Service AC 374, commonly known as the GCHQ case, was an English administrative law case which held that the Royal Prerogative was subject to judicial review. In 1984 the British government under Margaret Thatcher decided that employees of the Government Communications Headquarters (GCHQ) would not be allowed to join any trade union for national security reasons. This was enforced through an Order in Council, an exercise of the Royal Prerogative. The Council of Civil Service Unions chose to bring this matter to court through judicial review, first to the High Court of Justice, which ruled the Order in Council was invalid. The case then went to the Court of Appeal, which decided that the national security issues trumped any problems of propriety.
From there the case went to the House of Lords, where it was decided on 22 November 1984. In their decision, the Lords found that exercises of the Royal Prerogative were generally subject to judicial review, with certain exceptions such as matters of national security. This was a significant break from the previous law, which held that prerogative powers were not in any way subject to judicial review. The GCHQ case served to identify that the application of judicial review would be dependent on the nature of the government's powers, not their source
Read more about Council Of Civil Service Unions V Minister For The Civil Service: Facts, Judgment, Significance
Famous quotes containing the words council of, council, civil, service, unions and/or minister:
“There by some wrinkled stones round a leafless tree
With beards askew, their eyes dull and wild
Twelve ragged men, the council of charity
Wandering the face of the earth a fatherless child....”
—Allen Tate (1899–1979)
“Parental attitudes have greater correlation with pupil achievement than material home circumstances or variations in school and classroom organization, instructional materials, and particular teaching practices.”
—Children and Their Primary Schools, vol. 1, ch. 3, Central Advisory Council for Education, London (1967)
“A man’s real and deep feelings are surely those which he acts upon when challenged, not those which, mellow-eyed and soft-voiced, he spouts in easy times.”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 2, ch. 13 (1962)
“The Service without Hope
Is tenderest, I think—
...
There is no Diligence like that
That knows not an Until—”
—Emily Dickinson (1831–1886)
“The newly-formed clothing unions are ready to welcome her; but woman shrinks back from organization, Heaven knows why! It is perhaps because in organization one find the truest freedom, and woman has been a slave too long to know what freedom means.”
—Katharine Pearson Woods (1853–1923)
“Just let him be minister if that’s what he desires, but without his brother and his brother-in-law.”
—Franz Grillparzer (1791–1872)