Judiciary examples

1. GCHQ Case (1985)

📌 What happened:

In Council of Civil Service Unions v Minister for the Civil Service (1985),

civil‑service unions challenged the use of the royal prerogative to ban trade‑union activity at GCHQ.

The Court held prerogative powers are subject to JR on grounds of illegality, irrationality and procedural impropriety.

🧠 Exam use: Shows judges policing executive discretion—even over “unwritten” powers—and sets out the three classic grounds of review.

2. Anisminic Ltd v Foreign Compensation Commission (1969)

📌 What happened:

An “ouster clause” tried to prevent courts hearing errors of law by the FCC.

The House of Lords ruled such clauses could not block

JR: any decision based on an error of law was a nullity open to challenge.

🧠 Exam use: Demonstrates the judiciary’s ability to override parliamentary attempts to frustrate review and protect legal correctness.

3. Ridge v Baldwin (1964)

📌 What happened:

Chief Constable Ridge was summarily dismissed without a hearing.

The House of Lords quashed his dismissal for breach of natural justice (failure to give him a fair hearing).

🧠 Exam use: Illustrates the procedural‑fairness limb of JR and the courts’ role in enforcing the rule of law against administrative injustice.

4. Factortame (No 2) (1990)

📌 What happened:

Spanish fishermen challenged the Merchant Shipping Act 1988 under EU law.

The ECJ granted an interim injunction against UK legislation, and the House of Lords accepted EU law supremacy over conflicting UK Acts.

🧠 Exam use: Highlights limits on parliamentary sovereignty (pre‑Brexit) and the courts’ key role in upholding higher‑order legal norms.

5. Jackson v Attorney General (2005)

📌 What happened:

Claimants argued the Hunting Act 2004 was invalid due to the 1949 Parliament Act’s use.

The Supreme Court upheld the Act but suggested that in extreme cases they might review “constitutional fundamentals.”

🧠 Exam use: Shows the evolving view of parliamentary sovereignty and hints at possible judicial limits on how Parliament enacts laws.

6. M v Home Office (1994)

📌 What happened:

The Home Secretary refused to release a deportee despite a court order.

The Court of Appeal found him in contempt of court and ordered compliance.

🧠 Exam use: Demonstrates the courts’ power to enforce their own orders against ministers—essential for the rule of law.

7. Miller I (R (Miller) v Secretary of State for Exiting the EU, 2017)

📌 What happened:

The Supreme Court ruled the government must obtain an Act of Parliament before triggering Article 50.

Executive prerogative alone was insufficient for such a major rights‑affecting decision.

🧠 Exam use: Reinforces parliamentary sovereignty and shows JR curbing the PM’s foreign‑affairs prerogative.

8. Miller II (R (Miller) v The Prime Minister, 2019)

📌 What happened:

Challenge to Boris Johnson’s five‑week prorogation in the run‑up to Brexit.

The Supreme Court unanimously held it unlawful—Parliament was denied its constitutional role.

🧠 Exam use: A landmark check on executive overreach; demonstrates the judiciary defending Parliament’s privileges.

9. UNISON v Lord Chancellor (2017)

📌 What happened:

UNISON challenged the introduction of fees for employment tribunals.

The Supreme Court struck them down, ruling they unlawfully prevented access to justice.

🧠 Exam use: Exemplifies the courts protecting fundamental rights (access to courts) against executive policy.

10. Rwanda Deportation Ruling (R (SIAC: IN) v SSHD, 2023)

📌 What happened:

The Supreme Court blocked the government’s plan to deport asylum‑seekers to Rwanda, finding it incompatible with human‑rights obligations.

🧠 Exam use: Shows modern JR in human‑rights context and how judges enforce international‑law commitments on the executive