면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Administrative & Public Law
House of Lords
1985

Council of Civil Service Unions v Minister for the Civil Service

[1985] AC 374

판결 이유

The exercise of prerogative powers is subject to judicial review on the same grounds as statutory powers (illegality, irrationality, procedural impropriety), unless the subject matter is non-justiciable.

사실관계

The Minister banned trade union membership at GCHQ without prior consultation. The unions challenged the decision, arguing breach of legitimate expectation.

판결 요약

The House of Lords held that prerogative powers are reviewable in principle, establishing the three grounds of judicial review: illegality, irrationality, and procedural impropriety. However, the national security justification in this case overrode the legitimate expectation.

주요 인용문

"Judicial review has I think developed to a stage today when one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review."

Lord Diplock

후속 처리

Leading Authority

The foundational classification of grounds of judicial review still used today.