Government Communications Headquarters - Constitutional Legal Case

Constitutional Legal Case

A controversial GCHQ case determined the scope of judicial review of prerogative powers (the Crown's residual powers under common law). This was Council of Civil Service Unions v Minister for the Civil Service AC 374 (often known simply as the "GCHQ case"). In this case, a prerogative Order in Council had been used by the prime minister (who is the Minister for the Civil Service) to ban trade union activities by civil servants working at GCHQ. This order was issued without consultation. The House of Lords had to decide whether this was reviewable by judicial review. It was held that executive action is not immune from judicial review simply because it uses powers derived from common law rather than statute (thus the prerogative is reviewable). Controversially, they also held that although the failure to consult was unfair, this was overridden by concerns of national security.