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Council of Civil Service Unions v Minister for the Civil Service

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necessary to be enforced by the courts. In most cases that power is derived from statute though in some cases, as indeed in the present case, it may still be derived from the prerogative. In yet other cases, as the decisions show, the two powers may coexist or the statutory power may by necessary implication have replaced the former prerogative power. If the executive in pursuance of the statutory power does an act affecting the rights of the citizen, it is beyond question that in principle the manner of the exercise of that power may today be challenged on one or more of the three grounds which I have mentioned earlier in this speech. If the executive instead of acting under a statutory power acts under a prerogative power and in particular a prerogative power delegated to the respondent under article 4 of the Order in Council of 1982, so as to affect the rights of the citizen, I am unable to see, subject to what I shall say later, that there is any logical reason why the fact that the source of the power is the prerogative and not statute should today deprive the citizen of that right of challenge to the manner of its exercise which he would possess were the source of the power statutory. In either case the act in question is the act of the executive. To talk of that act as the act of the sovereign savours of the archaism of past centuries. In reaching this conclusion I find myself in agreement with my noble and learned friends Lord Scarman and Lord Diplock whose speeches I have had the advantage of reading in draft since completing the preparation of this speech.
509:, 1964 SC (HL) 117 shows. While I see no a priori reason to rule out "irrationality" as a ground for judicial review of a ministerial decision taken in the exercise of "prerogative" powers, I find it difficult to envisage in any of the various fields in which the prerogative remains the only source of the relevant decision-making power a decision of a kind that would be open to attack through the judicial process upon this ground. Such decisions will generally involve the application of government policy. The reasons for the decision-maker taking one course rather than another do not normally involve questions to which, if disputed, the judicial process is adapted to provide the right answer, by which I mean that the kind of evidence that is admissible under judicial procedures and the way in which it has to be adduced tend to exclude from the attention of the court competing policy considerations which, if the executive discretion is to be wisely exercised, need to be weighed against one another – a balancing exercise which judges by their upbringing and experience are ill-qualified to perform. So I leave this as an open question to be dealt with on a case to case basis if, indeed, the case should ever arise. 453:
prerogative," or of what powers exercisable by executive officers acting on behalf of central government that are not shared by private citizens qualify for inclusion under this particular label. It does not, for instance, seem to me to matter whether today the right of the executive government that happens to be in power to dismiss without notice any member of the home civil service upon which perforce it must rely for the administration of its policies, and the correlative disability of the executive government that is in power to agree with a civil servant that his service should be on terms that did not make him subject to instant dismissal, should be ascribed to "the prerogative" or merely to a consequence of the survival, for entirely different reasons, of a rule of constitutional law whose origin is to be found in the theory that those by whom the administration of the realm is carried on do so as personal servants of the monarch who can dismiss them at will, because the King can do no wrong.
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courts. Lord Diplock wrote "it is par excellence a non-justiciable question. The judicial process is totally inept to deal with the sort of problems which it involves." Lord Fraser stated that while the courts would not by default accept the government's argument that the matter was one of national security, it was a "matter of evidence" and the evidence provided in this case showed that the government was correct. Lord Diplock held that any prerogative power which impacted on a person's "private rights or legitimate expectations" was amenable to review, while Lords Fraser and Brightman held that only powers delegated from the monarch could be subject to judicial review as a candidate for such a review as the powers in question had been delegated from the monarch to the Minister for the Civil Service.
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on the private rights or legitimate expectations of other persons which would render the decision subject to judicial review if the power of the decision-maker to make them were statutory in origin. From matters so relatively minor as the grant of pardons to condemned criminals, of honours to the good and great, of corporate personality to deserving bodies of persons, and of bounty from moneys made available to the executive government by Parliament, they extend to matters so vital to the survival and welfare of the nation as the conduct of relations with foreign states and – what lies at the heart of the present case – the defence of the realm against potential enemies. Adopting the phraseology used in the
654:, one of the matters decided was whether or not the courts could subject Orders in Council to judicial review. The Lords unanimously agreed that although Orders in Council were defined as "primary legislation" in the Human Rights Act, there is a significant difference in that Orders in Council are an executive product and lack the "representative character" that comes with parliamentary authority and approval. As such, the Lords saw "no reason why prerogative legislation should not be subject to review on ordinary principles of legality, rationality and procedural impropriety in the same way as any other executive action". 552:
subject of judicial review. Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy, the grant of honours, the dissolution of Parliament and the appointment of ministers as well as others are not, I think, susceptible to judicial review because their nature and subject matter is such as not to be amenable to the judicial process. The courts are not the place wherein to determine whether a treaty should be concluded or the armed forces disposed in a particular manner or Parliament dissolved on one date rather than another.
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which the development has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first ground I would call "illegality," the second "irrationality" and the third "procedural impropriety." That is not to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of the principle of "proportionality" which is recognised in the administrative law of several of our fellow members of the
295:. These powers purported to allow the Minister for the Civil Service to make regulations for the Civil Service. Despite an extensive publicity campaign by trade unions, the government refused to reverse its decision but instead offered affected employees the choice between Β£1,000 and the membership of a staff association or dismissal. Employees dismissed could not rely on an industrial tribunal since they were not covered by the relevant employment legislation. As such, the Council of Civil Service Unions decided that 1315: 2056: 29: 392: 627:
There is no difference between the conclusion reached by your Lordships except... whether the reviewability of an exercise of a prerogative power is limited to the case where the power has been delegated to the decision-maker by Order in Council, so that the decision-making process which is sought to
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In my view the exercise of the prerogative which enabled the oral instructions of 22 December 1983 to be given does not by reason of its subject matter fall within what for want of a better phrase I would call the "excluded categories" some of which I have just mentioned. It follows that in principle
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My Lords, the right of the executive to do a lawful act affecting the rights of the citizen, whether adversely or beneficially, is founded upon the giving to the executive of a power enabling it to do that act. The giving of such a power usually carries with it legal sanctions to enable that power if
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Nevertheless, whatever label may be attached to them there have unquestionably survived into the present day a residue of miscellaneous fields of law in which the executive government retains decision-making powers that are not dependent upon any statutory authority but nevertheless have consequences
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The GCHQ case, therefore, was highly important since it held that the application of judicial review would be dependent on the nature of the government's powers, not their source. While the use of the royal prerogative for national security reasons is considered outside the scope of the courts, most
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1 KB 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. Whether a decision falls within this category is a question that judges by their
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As regards Her Majesty's Home Civil Service ... the Minister for the Civil Service may from time to time make regulations or give instructions ... for controlling the conduct of the service, and providing for the classification of all persons employed therein and ... the conditions of service of all
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I have described the third head as "procedural impropriety" rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision. This is because susceptibility to judicial review under this head covers also
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held the royal prerogative was subject to judicial review, just like statutory instruments. However, on national security grounds, the action of restricting the trade union was justified. Lords Fraser, Scarman and Diplock all believed that the issue of national security was outside the remit of the
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But I do not think that that right of challenge can be unqualified. It must, I think, depend upon the subject matter of the prerogative power which is exercised. Many examples were given during the argument of prerogative powers which as at present advised I do not think could properly be made the
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But fascinating as it is to explore this mainstream of our legal history, to do so in connection with the present appeal has an air of unreality. To speak today of the acts of the sovereign as "irresistible and absolute" when modern constitutional convention requires that all such acts are done by
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My Lords, that a decision of which the ultimate source of power to make it is not a statute but the common law (whether or not the common law is for this purpose given the label of "the prerogative") may be the subject of judicial review on the ground of illegality is, I think, established by the
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My Lords, I see no reason why simply because a decision-making power is derived from a common law and not a statutory source, it should for that reason only be immune from judicial review. Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by
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held that exercises of the royal prerogative were subject to judicial review, but there were exceptions, including for 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
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My Lords, I intend no discourtesy to counsel when I say that, intellectual interest apart, in answering the question of law raised in this appeal, I have derived little practical assistance from learned and esoteric analyses of the precise legal nature, boundaries and historical origin of "the
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The decision to ban workers at GCHQ from trade union membership had been taken after the meeting of a select group of ministers and the prime minister, rather than the full Cabinet. That is not unusual, even in relation to high-profile decisions: a decision was similarly taken to authorise the
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In the exertion therefore of those prerogatives, which the law has given him, the King is irresistible and absolute, according to the forms of the constitution. And yet if the consequence of that exertion be manifestly to the grievance or dishonour of the kingdom, the Parliament will call his
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By "illegality" as a ground for judicial review I mean that the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. Whether he has or not is par excellence a justiciable question to be decided, in the event of dispute, by those
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AC 14 of irrationality as a ground for a court's reversal of a decision by ascribing it to an inferred though unidentifiable mistake of law by the decision-maker. "Irrationality" by now can stand upon its own feet as an accepted ground on which a decision may be attacked by judicial review.
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the conditions of service under which civil servants are employed as members of the staff of the Government Communications Headquarters shall be varied so as to provide that such civil servants shall not be members of any trade union other than a departmental staff association approved by
544:(1980), p.177. Maitland was in so stating a greater prophet than even he could have foreseen for it is our legal history which has enabled the present generation to shape the development of our administrative law by building upon but unhampered by our legal history. 484:
training and experience should be well equipped to answer, or else there would be something badly wrong with our judicial system. To justify the court's exercise of this role, resort I think is today no longer needed to Viscount Radcliffe's ingenious explanation in
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The courts have traditionally been unwilling to subject prerogative powers to judicial review. Judges were willing to state only whether or not powers existed, not whether they had been used appropriately. They therefore applied only the first of the
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and May LJ held that judicial review could not be used to challenge the use of the royal prerogative. They decided that as the determination of national security issues is an executive function, it would be inappropriate for the courts to intervene.
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failure by an administrative tribunal to observe procedural rules that are expressly laid down in the legislative instrument by which its jurisdiction is conferred, even where such failure does not involve any denial of
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1953 (Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd. 8969)) to which the United Kingdom is a party it has now become usual in statutes to refer to the latter as "national security."
598:". A convention would not have usually been litigable, and it was necessary for the court to demonstrate that it was in the present case: such a rule had been established in respect of Cabinet conventions in 646: 539:
himself: "the only direct utility of legal history (I say nothing of its thrilling interest) lies in the lesson that each generation has an enormous power of shaping its own law": see Richard A. Cosgrove,
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the sovereign on the advice of and will be carried out by the sovereign's ministers currently in power is surely to hamper the continual development of our administrative law by harking back to what
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cases cited by my noble and learned friend, Lord Roskill, and this extends to cases where the field of law to which the decision relates is national security, as the decision of this House itself in
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be reviewed arises the terms of that order; or whether reviewability may also extend, in an appropriate case, to a direct exercise of a prerogative power.
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to the British government and armed forces. Prior to 1983, its existence was not acknowledged although it openly recruited graduates. After a
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In short the orthodox view was at that time that the remedy for abuse of the prerogative lay in the political and not in the judicial field.
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The directive issued to the Director of GCHQ by the prime minister (initially as a verbal instruction, then communicated by letter) was:
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The case also shows that national security remains a political issue, not a legal one: it is not to be determined by a court.
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AC 1, 29. It is, I hope, not out of place in this connection to quote a letter written in 1896 by the great legal historian
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held that the employees of GCHQ had a right to consultation, and that the lack of consultation made the decision invalid.
1294: 458: 1813: 1710: 1693: 1119: 1008: 505: 181: 1354: 470:; but to dispose of the instant case the three already well-established heads that I have mentioned will suffice. 1618: 1406: 1220: 216: 128: 402: 619: 445: 296: 275: 193: 123: 118: 969: at para. 423H–424A, ICR 14, IRLR 28, 3 WLR 1174, 3 All ER 935, AC 374 (22 November 1984), 2111: 1988: 1877: 1459: 1416: 113: 525:
once called, albeit in a different context, the clanking of mediaeval chains of the ghosts of the past: see
270:'s government decided a year later that employees would not be allowed to join a trade union for reasons of 1768: 75: 1449: 467: 2126: 2121: 2060: 1797: 1607: 1590: 1569: 1549: 1544: 1515: 1486: 1466: 1438: 1421: 1411: 1213: 834: at para. 417-418, ICR 14, IRLR 28, 3 WLR 1174, 3 All ER 935, AC 374 (22 November 1984), 477:
By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" (
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established that judicial review depends on the nature of the government's powers, not their source.
2081: 1944: 1821: 1702: 1595: 1476: 1433: 1384: 1379: 849: 499:. But the instant case is not concerned with the proceedings of an administrative tribunal at all. 1893: 1559: 1396: 966: 1845: 1531: 1491: 831: 595: 220: 152: 1149: 1520: 350: 228: 1885: 1869: 1853: 1497: 1023: 259: 249: 699: 667:
UKSC 41 the Supreme Court quashed an Order in Council that sought to prorogue Parliament.
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I can see no reason why those instructions should not be the subject of judicial review.
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in 1956, and the same procedure was used in the decision to transfer the ability to set
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That was done through powers contained in the Civil Service Order in Council 1982, an
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Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction
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held national security concerns meant that judicial review was impossible. The
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Council of Civil Service Unions & Others v Minister for the Civil Service
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R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
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The GCHQ case also confirmed that non-legal conventions might be subject to "
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persons, the judges, by whom the judicial power of the state is exercisable.
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The Council of Civil Service Unions, with others, submitted the case to the
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Associated Provincial Picture Houses Ltd v Wednesbury Corporation
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Council of Civil Service Unions v Minister for the Civil Service
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Council of Civil Service Unions v Minister for the Civil Service
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Council of Civil Service Unions v Minister for the Civil Service
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Council of Civil Service Unions v Minister for the Civil Service
583:: whether the use was illegal. Constitutional scholars such as 28: 591:
of its other uses are now judicially reviewable in some form.
939:"COUNCIL OF CIVIL SERVICE UNIONS et al v. THE UNITED KINGDOM" 1073:(1985). "Prerogative. Judicial Review. National Security". 157: 417: 219:
claimed in judicial review that the order defeated their
413: 70:, AC 374, 3 WLR 1174, ICR 14, 3 All ER 935, IRLR 28 1305:
Vote of no confidence in the Callaghan ministry (1979)
307:β€” Article 4, Civil Service Order in Council 1982 258:(GCHQ) is a British intelligence agency that provides 223:
of being able to collectively bargain for fair wages.
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The Rule of Law; Albert Venn Dicey; Victorian Jurist
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The Rule of Law; Albert Venn Dicey; Victorian Jurist
266:, the organisation became known to the public, and 1017: 848: 803: 22:CCSU v Minister for the Civil Service (GCHQ case) 2073: 1284:Public Bodies (Admission to Meetings) Act (1960) 1055:(15 ed.). Harlow, United Kingdom: Longman. 931: 885: 883: 587:would have considered that to be appropriate. 1221: 1112:British government: a reader in policy making 1021:; Drabble, Richard (2010). "GCHQ revisited". 694: 692: 412:. Consider transferring direct quotations to 1043: 925: 767: 743: 741: 720: 610:It summarises the scope of judicial review. 199:In 1984, by issuing a directive based on an 1719:Statecraft: Strategies for a Changing World 1177:International Journal of Constitutional Law 880: 1228: 1214: 689: 27: 1188: 1147: 1133:(5th ed.). Oxford University Press. 738: 683: 1128: 913: 901: 889: 871: 852:United Australia Ltd v Barclays Bank Ltd 528:United Australia Ltd v Barclays Bank Ltd 1183:(1). Oxford University Press: 146–155. 613: 568:advisers to a just and severe account. 2102:United Kingdom constitutional case law 2097:United Kingdom administrative case law 2074: 1081:(1). Cambridge University Press: 1–3. 998: 779: 664:Cherry v Advocate General for Scotland 622:, however it was deemed inadmissible. 256:Government Communications Headquarters 231:held the instruction was invalid. The 213:Government Communications Headquarters 2117:Labour disputes in the United Kingdom 1235: 1209: 1170: 1109: 1069: 1053:Constitutional and Administrative Law 982: 815: 791: 732: 638:CCSU v Minister for the Civil Service 403:too many or overly lengthy quotations 1249:Prime Minister of the United Kingdom 937: 601:Attorney General v Jonathan Cape Ltd 385: 2132:United Kingdom trade union case law 1417:"The lady's not for turning" (1980) 459:European Convention on Human Rights 13: 360: 81:ECLI:CE:ECHR:1987:0120DEC001160385 14: 2143: 513:Lord Roskill said the following: 506:Burmah Oil Co Ltd v Lord Advocate 381: 182:United Kingdom constitutional law 16:United Kingdom constitutional law 2055: 2054: 1809:(1984–1996 & 2020 TV series) 1575:Broadcasting restrictions (1988) 1313: 1257:Leader of the Conservative Party 804:Blom-Cooper & Drabble (2010) 390: 2087:1984 in United Kingdom case law 1460:"White flags over Port Stanley" 992: 976: 956: 919: 907: 895: 865: 841: 821: 809: 660:R (Miller) v The Prime Minister 560: 217:Council of Civil Service Unions 797: 785: 773: 761: 726: 714: 677: 620:European Court of Human Rights 299:was the only available route. 276:Minister for the Civil Service 1: 872:Cosgrove, Richard A. (1980). 670: 344: 2092:British trade unions history 1968:Palace of Westminster (2007) 1769:We have become a grandmother 1580:"Sermon on the Mound" (1988) 7: 1527:Local Government Act (1985) 1003:(2nd ed.). Routledge. 468:European Economic Community 339: 10: 2148: 1624:Resignation Honours (1990) 1596:Community Charge (1989–90) 1434:Irish hunger strike (1981) 1031:(1). Sweet & Maxwell. 926:Bradley & Ewing (2011) 768:Bradley & Ewing (2011) 721:Bradley & Ewing (2011) 247: 109:Lord Fraser of Tullybelton 2032: 2001: 1981: 1955: 1928: 1862:The Long Walk to Finchley 1838:Jeffrey Archer: The Truth 1787: 1778: 1729: 1692: 1664: 1636: 1558: 1475: 1395: 1353: 1322: 1311: 1276: 1243: 1087:10.1017/S0008197300114278 142: 137: 101: 96: 86: 74: 63: 55: 45: 35: 26: 21: 1822:Thatcher: The Final Days 1703:The Downing Street Years 1511:Miners' strike (1984–85) 1154:A Casebook on Labour Law 1148:McGaughey, Ewan (2019). 1001:Industrial relations law 999:Barrow, Charles (2002). 410:summarize the quotations 243: 211:banned employees of the 1963:London Guildhall (1998) 1894:The Hunt for Tony Blair 1173:"The royal prerogative" 284:by the Prime Minister. 1989:Richard Stone portrait 1846:The Alan Clark Diaries 1532:rate-capping rebellion 1492:Brighton hotel bombing 1300:"Britain Awake" (1976) 1171:Poole, Thomas (2010). 1129:Loveland, Ian (2009). 630: 596:legitimate expectation 570: 558: 511: 321: 310: 221:legitimate expectation 153:freedom of association 1817:(1987–1991 TV series) 1521:Anglo-Irish Agreement 1110:James, Simon (1997). 1075:Cambridge Law Journal 967:[1984] UKHL 9 832:[1984] UKHL 9 752:[1984] UKHL 9 625: 565: 515: 450: 314: 301: 291:, an exercise of the 248:Further information: 174:[1984] UKHL 9 2112:House of Lords cases 1854:Pinochet in Suburbia 1706:(1993 autobiography) 1619:"No. No. No." (1990) 1498:GCHQ trade union ban 1455:Diana Gould exchange 1277:Member of Parliament 854:[1941] AC 1" 614:Further developments 573:β€” William Blackstone 448:said the following: 260:signals intelligence 250:GCHQ trade union ban 207:, the government of 1902:In Search of La Che 1780:Cultural depictions 1190:10.1093/icon/mop038 1045:Bradley, Anthony W. 278:is a position held 264:spy scandal in 1983 188:case that held the 1830:The Falklands Play 1019:Blom-Cooper, Louis 585:William Blackstone 487:Edwards v Bairstow 2127:Royal prerogative 2122:Margaret Thatcher 2069: 2068: 2014:Death and funeral 1997: 1996: 1814:The New Statesman 1798:Anyone for Denis? 1711:The Path to Power 1666:General elections 1632: 1631: 1237:Margaret Thatcher 1163:978-1-84946-931-9 1150:"8: Trade Unions" 1140:978-0-19-921974-2 1062:978-1-4058-7350-5 861:. 20 August 1940. 435: 434: 293:royal prerogative 272:national security 268:Margaret Thatcher 209:Margaret Thatcher 205:royal prerogative 190:royal prerogative 166: 165: 149:royal prerogative 91:Bailii transcript 2139: 2058: 2057: 1913:(2020 TV series) 1881:(2009 TV serial) 1857:(2006 docudrama) 1849:(2004 TV series) 1785: 1784: 1393: 1392: 1317: 1269: 1260: 1252: 1230: 1223: 1216: 1207: 1206: 1202: 1192: 1167: 1144: 1125: 1106: 1066: 1040: 1014: 986: 980: 974: 960: 954: 953: 951: 949: 935: 929: 923: 917: 911: 905: 899: 893: 887: 878: 877: 869: 863: 862: 856: 845: 839: 825: 819: 813: 807: 801: 795: 789: 783: 777: 771: 765: 759: 745: 736: 730: 724: 718: 712: 711: 709: 707: 696: 687: 684:McGaughey (2019) 681: 640: 581:Wednesbury tests 574: 430: 427: 421: 394: 393: 386: 308: 304:such persons ... 289:Order in Council 201:Order in Council 97:Court membership 59:22 November 1984 31: 19: 18: 2147: 2146: 2142: 2141: 2140: 2138: 2137: 2136: 2082:1984 in England 2072: 2071: 2070: 2065: 2039:James Callaghan 2028: 1993: 1977: 1973:Grantham (2022) 1951: 1924: 1789: 1774: 1725: 1688: 1660: 1638:Party elections 1628: 1561: 1554: 1539:Westland affair 1478: 1471: 1398: 1391: 1349: 1345:Union democracy 1318: 1309: 1272: 1263: 1255: 1247: 1239: 1234: 1164: 1141: 1122: 1071:Ewing, Keith D. 1063: 1049:Ewing, Keith D. 1011: 995: 990: 989: 981: 977: 961: 957: 947: 945: 936: 932: 924: 920: 914:Loveland (2009) 912: 908: 902:Loveland (2009) 900: 896: 890:Loveland (2009) 888: 881: 870: 866: 847: 846: 842: 826: 822: 814: 810: 802: 798: 790: 786: 778: 774: 766: 762: 746: 739: 731: 727: 719: 715: 705: 703: 700:"GCHQ Post War" 698: 697: 690: 682: 678: 673: 650:, heard at the 642: 632: 616: 576: 572: 563: 497:natural justice 431: 425: 422: 416:or excerpts to 407: 395: 391: 384: 367:Court of Appeal 363: 361:Court of Appeal 347: 342: 334:Bank of England 309: 306: 305: 297:judicial review 252: 246: 233:Court of Appeal 203:made using the 194:judicial review 192:was subject to 162: 146:Judicial review 133: 17: 12: 11: 5: 2145: 2135: 2134: 2129: 2124: 2119: 2114: 2109: 2104: 2099: 2094: 2089: 2084: 2067: 2066: 2064: 2063: 2051: 2050: 2042: 2033: 2030: 2029: 2027: 2026: 2021: 2016: 2011: 2005: 2003: 1999: 1998: 1995: 1994: 1992: 1991: 1985: 1983: 1979: 1978: 1976: 1975: 1970: 1965: 1959: 1957: 1953: 1952: 1950: 1949: 1941: 1932: 1930: 1926: 1925: 1923: 1922: 1914: 1906: 1898: 1897:(2011 episode) 1890: 1882: 1874: 1866: 1858: 1850: 1842: 1841:(2002 TV film) 1834: 1826: 1818: 1810: 1806:Spitting Image 1802: 1801:(1982 TV play) 1793: 1791: 1782: 1776: 1775: 1773: 1772: 1765: 1762:Alfred Roberts 1759: 1756:Carol Thatcher 1753: 1747: 1746: 1745: 1737:Denis Thatcher 1733: 1731: 1727: 1726: 1724: 1723: 1715: 1707: 1698: 1696: 1690: 1689: 1687: 1686: 1681: 1676: 1670: 1668: 1662: 1661: 1659: 1658: 1653: 1648: 1642: 1640: 1634: 1633: 1630: 1629: 1627: 1626: 1621: 1616: 1610: 1605: 1604: 1603: 1601:Poll tax riots 1593: 1588: 1582: 1577: 1572: 1566: 1564: 1556: 1555: 1553: 1552: 1547: 1542: 1536: 1535: 1534: 1524: 1518: 1513: 1508: 1507: 1506: 1495: 1489: 1483: 1481: 1473: 1472: 1470: 1469: 1464: 1463: 1462: 1457: 1452: 1441: 1436: 1431: 1430: 1429: 1419: 1414: 1409: 1403: 1401: 1390: 1389: 1388: 1387: 1382: 1372: 1371: 1370: 1368:wets and dries 1359: 1357: 1351: 1350: 1348: 1347: 1342: 1337: 1332: 1326: 1324: 1320: 1319: 1312: 1310: 1308: 1307: 1302: 1297: 1295:Shadow Cabinet 1292: 1289:Circular 10/70 1286: 1280: 1278: 1274: 1273: 1271: 1270: 1261: 1253: 1244: 1241: 1240: 1233: 1232: 1225: 1218: 1210: 1204: 1203: 1168: 1162: 1145: 1139: 1126: 1120: 1107: 1067: 1061: 1041: 1015: 1009: 994: 991: 988: 987: 975: 971:House of Lords 955: 930: 918: 906: 894: 879: 876:. p. 177. 864: 840: 836:House of Lords 820: 808: 796: 784: 772: 760: 756:House of Lords 737: 725: 713: 688: 675: 674: 672: 669: 652:House of Lords 634:Lord Brightman 624: 615: 612: 564: 562: 559: 533:F. W. Maitland 439:House of Lords 433: 432: 398: 396: 389: 383: 382:House of Lords 380: 362: 359: 346: 343: 341: 338: 330:interest rates 326:Suez operation 302: 245: 242: 237:House of Lords 164: 163: 161: 160: 155: 150: 147: 143: 140: 139: 135: 134: 132: 131: 129:Lord Brightman 126: 121: 116: 111: 105: 103: 102:Judges sitting 99: 98: 94: 93: 88: 84: 83: 78: 72: 71: 65: 61: 60: 57: 53: 52: 47: 46:Full case name 43: 42: 40:House of Lords 37: 33: 32: 24: 23: 15: 9: 6: 4: 3: 2: 2144: 2133: 2130: 2128: 2125: 2123: 2120: 2118: 2115: 2113: 2110: 2108: 2105: 2103: 2100: 2098: 2095: 2093: 2090: 2088: 2085: 2083: 2080: 2079: 2077: 2062: 2053: 2052: 2048: 2047: 2043: 2041: 2040: 2035: 2034: 2031: 2025: 2022: 2020: 2017: 2015: 2012: 2010: 2007: 2006: 2004: 2000: 1990: 1987: 1986: 1984: 1980: 1974: 1971: 1969: 1966: 1964: 1961: 1960: 1958: 1954: 1947: 1946: 1942: 1939: 1938: 1934: 1933: 1931: 1927: 1920: 1919: 1915: 1912: 1911: 1907: 1904: 1903: 1899: 1896: 1895: 1891: 1888: 1887: 1886:The Iron Lady 1883: 1880: 1879: 1875: 1872: 1871: 1867: 1864: 1863: 1859: 1856: 1855: 1851: 1848: 1847: 1843: 1840: 1839: 1835: 1832: 1831: 1827: 1824: 1823: 1819: 1816: 1815: 1811: 1808: 1807: 1803: 1800: 1799: 1795: 1794: 1792: 1786: 1783: 1781: 1777: 1770: 1766: 1763: 1760: 1757: 1754: 1751: 1750:Mark Thatcher 1748: 1744: 1741: 1740: 1738: 1735: 1734: 1732: 1728: 1721: 1720: 1716: 1714:(1995 memoir) 1713: 1712: 1708: 1705: 1704: 1700: 1699: 1697: 1695: 1691: 1685: 1682: 1680: 1677: 1675: 1672: 1671: 1669: 1667: 1663: 1657: 1654: 1652: 1649: 1647: 1644: 1643: 1641: 1639: 1635: 1625: 1622: 1620: 1617: 1614: 1611: 1609: 1608:Budget (1990) 1606: 1602: 1599: 1598: 1597: 1594: 1592: 1591:Budget (1989) 1589: 1586: 1585:Bruges speech 1583: 1581: 1578: 1576: 1573: 1571: 1570:Budget (1988) 1568: 1567: 1565: 1563: 1557: 1551: 1550:Budget (1987) 1548: 1546: 1545:Budget (1986) 1543: 1540: 1537: 1533: 1530: 1529: 1528: 1525: 1522: 1519: 1517: 1516:Budget (1985) 1514: 1512: 1509: 1505: 1502: 1501: 1499: 1496: 1493: 1490: 1488: 1487:Budget (1984) 1485: 1484: 1482: 1480: 1474: 1468: 1467:Budget (1983) 1465: 1461: 1458: 1456: 1453: 1451: 1448: 1447: 1445: 1444:Falklands War 1442: 1440: 1439:Budget (1982) 1437: 1435: 1432: 1428: 1425: 1424: 1423: 1422:Budget (1981) 1420: 1418: 1415: 1413: 1412:Budget (1980) 1410: 1408: 1407:Budget (1979) 1405: 1404: 1402: 1400: 1394: 1386: 1383: 1381: 1378: 1377: 1376: 1373: 1369: 1366: 1365: 1364: 1361: 1360: 1358: 1356: 1352: 1346: 1343: 1341: 1338: 1336: 1333: 1331: 1328: 1327: 1325: 1321: 1316: 1306: 1303: 1301: 1298: 1296: 1293: 1290: 1287: 1285: 1282: 1281: 1279: 1275: 1267: 1262: 1258: 1254: 1250: 1246: 1245: 1242: 1238: 1231: 1226: 1224: 1219: 1217: 1212: 1211: 1208: 1200: 1196: 1191: 1186: 1182: 1178: 1174: 1169: 1165: 1159: 1155: 1151: 1146: 1142: 1136: 1132: 1127: 1123: 1121:0-415-11304-0 1117: 1114:. Routledge. 1113: 1108: 1104: 1100: 1096: 1092: 1088: 1084: 1080: 1076: 1072: 1068: 1064: 1058: 1054: 1050: 1046: 1042: 1038: 1034: 1030: 1026: 1025: 1020: 1016: 1012: 1010:1-85941-563-6 1006: 1002: 997: 996: 985:, p. 150 984: 979: 972: 968: 964: 959: 944: 940: 934: 927: 922: 916:, p. 108 915: 910: 904:, p. 101 903: 898: 892:, p. 102 891: 886: 884: 875: 868: 860: 855: 853: 844: 837: 833: 829: 824: 817: 812: 805: 800: 793: 788: 782:, p. 260 781: 780:Barrow (2002) 776: 770:, p. 106 769: 764: 757: 753: 749: 744: 742: 735:, p. 206 734: 729: 723:, p. 261 722: 717: 701: 695: 693: 686:, p. 360 685: 680: 676: 668: 666: 665: 661: 655: 653: 649: 648: 641: 639: 635: 629: 623: 621: 611: 608: 605: 603: 602: 597: 592: 588: 586: 582: 575: 569: 557: 553: 549: 545: 543: 538: 534: 530: 529: 524: 518: 514: 510: 508: 507: 500: 498: 492: 489: 488: 482: 481: 475: 471: 469: 463: 460: 454: 449: 447: 443: 440: 429: 419: 415: 411: 405: 404: 399:This article 397: 388: 387: 379: 376: 372: 368: 358: 356: 352: 337: 335: 331: 327: 320: 319: 313: 300: 298: 294: 290: 285: 283: 282: 277: 273: 269: 265: 261: 257: 251: 241: 238: 234: 230: 226: 222: 218: 214: 210: 206: 202: 197: 195: 191: 187: 186:UK labour law 183: 179: 175: 172: 171: 159: 156: 154: 151: 148: 145: 144: 141: 136: 130: 127: 125: 122: 120: 117: 115: 112: 110: 107: 106: 104: 100: 95: 92: 89: 85: 82: 79: 77: 73: 69: 66: 62: 58: 54: 51: 48: 44: 41: 38: 34: 30: 25: 20: 2044: 2037: 2024:Thatchergate 1945:The Audience 1943: 1940:(2010, 2013) 1935: 1916: 1908: 1900: 1892: 1884: 1876: 1868: 1860: 1852: 1844: 1836: 1828: 1820: 1812: 1804: 1796: 1717: 1709: 1701: 1560:3rd ministry 1503: 1477:2nd ministry 1397:1st ministry 1385:2nd–3rd term 1335:Conservatism 1180: 1176: 1153: 1130: 1111: 1078: 1074: 1052: 1028: 1022: 1000: 993:Bibliography 983:Poole (2010) 978: 962: 958: 946:. Retrieved 942: 933: 928:, p. 29 921: 909: 897: 873: 867: 858: 851: 843: 827: 823: 816:Ewing (1985) 811: 806:, p. 19 799: 792:Ewing (1985) 787: 775: 763: 747: 733:James (1997) 728: 716: 704:. Retrieved 679: 663: 659: 656: 645: 643: 637: 631: 626: 617: 609: 606: 599: 593: 589: 577: 571: 566: 561:Significance 554: 550: 546: 541: 526: 519: 516: 512: 504: 501: 493: 485: 478: 476: 472: 464: 455: 451: 446:Lord Diplock 444: 436: 423: 408:Please help 400: 371:Lord Lane CJ 364: 348: 322: 316: 315: 311: 286: 279: 253: 198: 177: 169: 168: 167: 124:Lord Roskill 119:Lord Diplock 114:Lord Scarman 49: 2009:Blatcherism 1921:(2024 film) 1905:(2011 film) 1889:(2011 film) 1873:(2009 film) 1865:(2008 film) 1833:(2002 play) 1825:(1991 film) 1562:(1987–1990) 1479:(1983–1987) 1399:(1979–1983) 1355:Premiership 1340:Free market 1330:Thatcherism 1268:(1959–1992) 1259:(1975–1990) 1251:(1979–1990) 818:, p. 2 794:, p. 1 355:Glidewell J 225:Glidewell J 2076:Categories 2046:John Major 1937:Handbagged 1790:television 1758:(daughter) 1739:(husband) 1427:Gang of 25 1024:Public Law 948:3 February 671:References 523:Lord Atkin 426:April 2019 418:Wikisource 375:Watkins LJ 351:High Court 345:High Court 281:ex officio 229:High Court 87:Transcript 1982:Paintings 1910:The Crown 1878:The Queen 1743:baronetcy 1504:CCSU case 1450:"Rejoice" 1363:Ministers 1199:1474-2640 1103:145714522 1095:0008-1973 1037:0033-3565 414:Wikiquote 401:contains 336:in 1997. 318:yourself. 178:GCHQ case 176:, or the 64:Citations 2061:Category 1870:Margaret 1788:Film and 1771:" (1989) 1764:(father) 1613:Gulf War 1380:1st term 1375:Cold War 1323:Ideology 1266:Finchley 1156:. Hart. 1051:(2011). 706:14 March 340:Judgment 138:Keywords 2049: β†’ 2036:←  2019:Honours 2002:Related 1956:Statues 1500:(1984) 1446:(1982) 1264:MP for 365:In the 349:In the 332:to the 227:in the 180:, is a 56:Decided 2059:  1948:(2013) 1918:Reagan 1730:Family 1722:(2003) 1615:(1990) 1587:(1988) 1541:(1986) 1523:(1985) 1494:(1984) 1291:(1970) 1197:  1160:  1137:  1118:  1101:  1093:  1059:  1035:  1007:  702:. GCHQ 274:. The 68:UKHL 9 1929:Plays 1752:(son) 1694:Books 1099:S2CID 965: 943:HUDOC 830: 750: 537:Dicey 244:Facts 36:Court 2107:GCHQ 1684:1987 1679:1983 1674:1979 1656:1990 1651:1989 1646:1975 1195:ISSN 1158:ISBN 1135:ISBN 1116:ISBN 1091:ISSN 1057:ISBN 1033:ISSN 1029:2010 1005:ISBN 973:(UK) 950:2023 859:ICLR 838:(UK) 758:(UK) 708:2012 662:and 437:The 254:The 184:and 158:GCHQ 76:ECLI 1185:doi 1083:doi 657:In 644:In 535:to 2078:: 1193:. 1179:. 1175:. 1152:. 1097:. 1089:. 1079:44 1077:. 1047:; 1027:. 941:. 882:^ 857:. 740:^ 691:^ 636:, 373:, 369:, 353:, 196:. 1767:" 1229:e 1222:t 1215:v 1201:. 1187:: 1181:8 1166:. 1143:. 1124:. 1105:. 1085:: 1065:. 1039:. 1013:. 952:. 850:" 710:. 428:) 424:( 420:. 406:.

Index


House of Lords
UKHL 9
ECLI
ECLI:CE:ECHR:1987:0120DEC001160385
Bailii transcript
Lord Fraser of Tullybelton
Lord Scarman
Lord Diplock
Lord Roskill
Lord Brightman
freedom of association
GCHQ
[1984] UKHL 9
United Kingdom constitutional law
UK labour law
royal prerogative
judicial review
Order in Council
royal prerogative
Margaret Thatcher
Government Communications Headquarters
Council of Civil Service Unions
legitimate expectation
Glidewell J
High Court
Court of Appeal
House of Lords
GCHQ trade union ban
Government Communications Headquarters

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