Further developments Council of Civil Service Unions v Minister for the Civil Service

lord brightman, ccsu v minister civil service

in r (bancoult) v secretary of state foreign , commonwealth affairs (no 2), heard @ house of lords, 1 of matters decided whether or not courts subject orders in council judicial review. lords unanimously agreed although orders in council defined primary legislation in human rights act, there significant difference in orders in council executive product, , lack representative character comes parliamentary authority , approval. such, lords saw no reason why prerogative legislation should not subject review on ordinary principles of legality, rationality , procedural impropriety in same way other executive action .