Prerogative Powers Flashcards
AG v De Keyser’s Royal Hotel
Statutory and prerogative powers co-existed, statute was applied, “what use would there be in imposing limitations if the Crown could disregard them and fall back on the prerogative?”
BBC v Johns
“It is 350 years and a civil war too late for the Queen’s courts to broaden the prerogative”
R v Secretary of State for the Home Department ex Parte Northumbria Police Department
Police authority did not want to provide rubber bullets and tear gas to police force, claimed it fell within the prerogative power to keep the peace, “the scarcity of references does not disprove the existence of the power, rather it points to an unspoken assumption that it does”
Fire Brigades Union Case
Prerogative powers should not be exercised as to frustrate the will of Parliament as expressed in statute or to preempt the decision of Parliament whether or not to continue with the statutory scheme.
China Navigation Company v Attorney General
Matter of exercising prerogative power in relation to the armed forces to be left to the discretion of ministers, although Parliament may influence it.
R v Criminal Injuries Compensation Board ex parte Iain
Court reviewed compensation scheme set up under prerogative, CICB were performing an essentially judicial task.
Hanratty v Lord Butler
Prerogative power concerned was power of mercy, Lord Denning refused to enquire into its exercise.
Gouriet v Union of Post Office Workers
Court of Appeal held reasons for not exercising prerogative powers were reviewable, House of Lords held they were not.
GCHQ case
Management of GCHQ was under order in council under prerogative power, union membership was banned, court reviewed the order in council as if statute had done the same thing there would be an obligation to act fairly, why should this not apply to orders in council? Held: was a breach of legitimate expectation of consultation, but it was allowed as it was in the interests of national security.
R v Secretary of State for the Home Department ex parte Bentley
Grant of pardon not reviewable, Home Sec’s failure to recognize multiple types of pardon could be.
R v Ministry of Defence ex parte Smith
Even broadly non reviewable powers have reviewable issues - ban on homosexuals serving in the armed forces was reviewed even though prerogatives relating to defence of the realm are broadly unreviewable.
Bancoult Case
Government created orders in council to legalise the depopulation of the islands, challenged on the basis of a breach of fundamental rights, orders in council are still exercise of the prerogative, so reviewable. The majority accepted that there were certain rights which prerogative power cannot override, but only a minority held that the right to abode was included in these.
