GCHQ Case

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Last updated 5:52 PM on 5/1/26
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6 Terms

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Parties

Council of Civil Service Unions v Minister for the Civil Service

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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.

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Issue

Can exercises of the royal prerogative be reviewed by the courts? And was the lack of consultation unlawful?

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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.

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Principle

Lord Diplock set out the three grounds of judicial review: 1. Illegality, 2. Irrationality, 3. Procedural impropriety

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Why it’s famous

Brings prerogative powers into JR, creates the modern JR framework, recognises legitimate expectation