Judgment Council of Civil Service Unions v Minister for the Civil Service

1 judgment

1.1 high court
1.2 court of appeal
1.3 house of lords

judgment
high court

in high court, glidewell j held employees of gchq had right consultation, , lack of consultation made decision invalid.

court of appeal

in court of appeal, lord lane cj, watkins lj , may lj held judicial review not used challenge use of royal prerogative. decided determination of national security issues executive function , inappropriate courts intervene.

house of lords

the house of lords overruled court of appeal s reasoning , held royal prerogative default subject judicial review, in similar fashion statutory actions. however, on national security grounds, action of restricting trade union justified. lords fraser, scarman , diplock believed issue of national security outside remit of courts, lord diplock writing par excellence non-justiciable question. judicial process totally inept deal sort of problems involves . lord fraser stated while courts not default accept government s argument matter 1 of national security, matter of evidence , evidence provided in case showed government correct. lord diplock held prerogative power impacted on person s private rights or legitimate expectations amenable review, while lords fraser , brightman held powers delegated monarch subject judicial review. case candidate such review powers in question had been delegated monarch minister civil service.

lord roskill said following.