R v Home Secretary ex parte Fire Brigades’ Union [1995]

Facts

  • The Home Secretary refused to choose a time to implement part of the Criminal Justice Act 1988, instead implementing an alternative, cheaper scheme under prerogative powers

Issue

  • Had the Home Secretary acted unlawfully

Decision

  • Yes

Reasoning

  • The Home Secretary could not refuse to implement legislation entirely
  • The legislature, executive and judiciary each have their own exclusive domain, ensure separation
RELATED CASE  R v Secretary of State for Foreign Affairs, ex p World Development Movement [1995]

Posted in Public Law Revision Notes.

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