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23 Cards in this Set

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Lord Advocate v University of Aberdeen (1963)

Cannot be any new prerogative powers // derived from common law and customs (cannot be expanded)

BBC v Johns (1965)

Lord Diplock : it is 350 years and a civil war too late

Definition of Royal Prerogatives by Blackstone?

archaic


the royal prerogative encompasses powers that only the King alone can wield

Definition of Royal Prerogatives by A.V. Dicey?

modern


"every act which the government can do without the authority of an Act of Parliament"



Gouriet v National Union of Post Office Workers (1977)

inherently arbitrary powers


made at the expense of individual liberties


cannot be reviews because it's a prerogative lol

Case of Proclamations (1611)

"The King hath no prerogatives, but that which the law of the land allows him"

AG v de Keyser's Royal Hotel Ltd (1920)

Act > Prerogative


Government refused to pay full compensation (using prerogative) during war (discretion of government rather than using the Act)


Held: Statute prevailed (defense of the realm act 1914)




Noted: prerogative =abeyance during the status of the statute



R v Secretary of State for the Home Department exparte Fire Brigades Union (1995)

Facts: 1) criminal compensation (bill passed, never brought into force for 6 years)


2) wanted to introduce cheaper schemes using prerogative


Held: No such power (relied on de Keysers)

Sabally & N'Jie v AG (1965)

Lord Denning: Statute merely covers the same grounds as the prerogatives = statutory powers will prevails

R v Secretary of State for the Home Department exparte Northumbria Police Authority

More like an exception?


Supply weapons case


Held: Non consistent with prerogative / however distinguish De'Keyser's / Executive acted towards benefit and protection of individuals!

Mckendrick v Sinclair (1972)

Principles: Statute and prerogative overlap, prerogative powers will be obsolete as long as the Act of Parliament is in force.

Darnels Case (1627)

Facts: King issued a warrant for detention


Issue: Warrant defective? - no reason for arrest stated on the warrant


Held: It's a prerogative = thus, valid.

R v Allen (1862)

Principles: Prerogative power = entrusted to the AG


Whether Right or Wrong, court cannot interfere

Chandler v DPP (1964)

Facts: convicted for conspiracy (breach S1 OSA 1911) entering prohibited place


" The disposition and armament of the armed forces have been within the exclusive discretion of the crown. No one can seek a legal remedy on the grounds that this discretion has been wrongly exercised - L Reid




L Devlin - Obiter - will only intervene to correct excess or abuse of powers.

Burmah Oil v Lord Advocate (1965)

HOL exercise of the power caused harship then compensation was due.

Laker Airways v Dept of Trade

Facts:


1. Previous Gov gave Laker license (direct competition with British Airways)


2. Current government reversed this and made Civil Aviation withdraw Lakers license - contrary to Civil Aviation Act.


Lord Denning - Obiter - favour position to review exercise of prerogative powers.


Majority - de Keyser's method


Held: Policy unlawful (ultra vires)

Gouriet v National Union of Post Ofice Workers (1977)

Principles: Lord Denning:


1. Exercise of prerogative power should be reviewable taking into account that it's Ag's exercise of his discretionary power.


2. Unacceptable = no judicial review



Council of Civil Service Unions and Others v Minister for Civil Service (1984) - GCHQ

Facts: Union for a Civil Service working at GCHQ (too dangerous)


Held: Judicial Review CAN be done towards prerogative power


However Government won in the case leveraging on the point of national security

Lord Roskill in GCHQ (landmark remark)

"no logical reason why the fact the source of the power is prerogative and not statute should deprive the citizen the right of challenge to the manner of its exercise which he would possess were the source of the power statutory"

Everett (1989)

Facts: Issuing Passport case -> subjected to Judicial Review




Held: . It is a matter of administrative decision affecting the right of individuals and their freedom of travel.




Exercise of the Royal Prerogative is justiciable. Applicant's claim denied.



Bentley 1994

Bentley was sentenced to death in 1952. Home Secretary refused to grant posthumous pardon.Some aspects of the Royal Prerogative of Mercy are justiciable. But not in this case.

Bancoult (2000)

Facts: Changos Islanders being transferred to Madagascar / Nuclear testing

Held: The court also held that the Chagossians did not have a legitimate expectation of resettlement because the Foreign Secretary’s statements did not amount to a ‘clear and unambiguous promise’.



Al Rawi (2006)

Court has a special responsibility when it came to human rights, but Court nevertheless ruled that issues of foreign policy and national security were matters for the elected government, these issues a particularly broad "margin of appreciation" had to be granted.