Why is the GCHQ case considered so important why did the House of Lords decide not to intervene with the decision challenged in the GCHQ case?
The decision by the House of Lords in GCHQ was that the requirements by the Minister of State of National Security outweighed the duty of fairness. The Government alone could make that decision and such decision was not suitable for the judicial process.
What is the rationale for non justiciability?
Non-justiciability referred to a case where an issue was said to be inherently unsuitable for judicial determination by reason only of its subject-matter.
Why is the GCHQ case so important when thinking about judicial review?
The GCHQ case, therefore, was highly important since it held that the application of judicial review would be dependent on the nature of the government’s powers, not their source. The case also shows that national security remains a political issue, not a legal one: it is not to be determined by a court.
What was the purpose of the instructions given on the 22nd December 1983 with regard to GCHQ?
“the instruction purportedly issued by the Minister for the Civil Service on 22 December 1983 that the terms and conditions of service of civil servants serving at GCHQ should be revised so as to exclude membership of any trade union other than a departmental staff association approved by the Director of GCHQ was …
Is the GCHQ decision subject to judicial review?
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case. Taylor LJ summarised the effect of the GCHQ case as making clear . .
What was the outcome of the GCHQ case?
Following the GCHQ case, it was found that prerogative powers (bar for national security reasons) can be judicially reviewed for legality
Is the non-justiciability doctrine relevant to the cherry case?
It is questions of precisely that nature which are raised by the Miller (No 2) and Cherry cases. Consequently, the non-justiciability doctrine has no relevant application — and the suggestion by the Divisional Court that the “political” nature of the issue shields it from judicial review is entirely wide of the mark.
What was the GCHQ v Council of Civil Service Unions case?
If you would like to view other samples of the academic work produced by our writers, please click here. Council of Civil Service Unions v Minister for the Civil Service (The GCHQ case) [1985] AC 374, [1985] ICR 14 Public Law – Prerogative Power – Unions – National Security – Civil Service – Judicial Review – Lord Diplock – Lord Roskill Facts
