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#constitution #law #public
judicial review does also extend to the maner in which prerogative power is used. In R v Criminal Injuries Compensation Board, ex parte Lain [1967] 2 QB 864, the widow of a police officer, who had been shot by a suspect, applied for judicial review of the decision of the Criminal Injuries Compensation Board not to award her any compensation. The Board had been established under prerogative rather than statutory power, and it argued that its decision was therefore not subject to judicial review. The court disagreed: it held that, although the application for judicial review ultimately failed on its merits, supervision by the courts was not inappropriate in cases concerning the exercise of prerogative power of this type. Similarly, in Laker Airways Ltd v Department of Trade [1977] QB 643, (discussed in section 7.5.2), the Court of Appeal held that the prerogative power in question was impliedly fettered by statute. In the GCHQ case, the House of Lords removed any doubts about the courts' jurisdiction to scrutinise the exercise of prerogative power. It held that the action of the Prime Minister in banning trade union membership at GCHQ without prior consultation, was not immune from judicial review. The Prime Minister had implemented this policy using her prerogative power to regulate the terms and working conditions of civil servants. See Council for the Civil Service Unions v Minister for the Civil Service [1985] AC 374. The various law lords all had slightly different approaches to the main issues. Lord Roskill, whose view remained influential for some time, maintained that, although the prerogative as a source of law was not immune from review, there were still certain prerogative powers that remained non-justiciable, not because of their origin but because of the nature of the power involved.
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