CCSU

The CCSU Case established that prerogative powers are not subject to an absolute immunity from judicial review. The case arose from a challenge to a Ministerial instruction altering the terms and conditions of service for staff at the Government Communications Headquarters, pursuant to which staff would no longer be permitted to belong to national trade unions. The applicant union sought review of the instruction on procedural fairness grounds, complaining that there had been no prior consultation in relation to the instruction. The instruction was issued under powers conferred on the Minister by an Order-in-Council which had been made in the exercise of the Crown's prerogative powers in relation to its civil service (rather than pursuant to an Act of Parliament). The House of Lords held that the fact that the ultimate source of power for the instruction was derived from the prerogative did not prevent judicial review. As Lord Diplock asserted, I see no reason why simply because a decision-making power is derived from a common law and not a statutory source, it should for that reason only be immune from judicial review.