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Parties
Council of Civil Service Unions v Minister for the Civil Service
Facts
The govt used the royal prerogative to ban trade union membership for staff at GCHQ, leading to a legal challenge on the grounds of unfair dismissal and the rights of employees.
Issue
Can exercises of the royal prerogative be reviewed by the courts? And was the lack of consultation unlawful?
Decision
The House of Lords ruled that the royal prerogative to ban trade union membership was lawful, but the lack of consultation breached the requirements of fairness for the employees.
Principle
Lord Diplock set out the three grounds of judicial review: 1. Illegality, 2. Irrationality, 3. Procedural impropriety
Why it’s famous
Brings prerogative powers into JR, creates the modern JR framework, recognises legitimate expectation