Although the court found that the decision whether or not to issue the applicant with a passport was one that was susceptible in principle to judicial review, they ultimately held that the Secretary of State's policy was not unlawful because, having properly followed the policy and taken all relevant matters into consideration, he was entitled to come to the decision that he had.'The majority of their Lordships [in GCHQ] indicated that whether judicial review of the exercise of prerogative power is open depends upon the subject matter and in particular whether it is justiciable. At the top of the scale of executive functions under the prerogative are matters of high policy, of which examples were given by their Lordships; making treaties, making war, dissolving Parliament … Clearly those matters … are not justiciable. But the grant or refusal of a passport is in a quite different category. It is a matter of administrative decision, affecting the rights of individuals and their freedom to travel.'
Although the court found that the decision whether or not to issue the applicant with a passport was one that was susceptible in principle to judicial review, they ultimately held that the Secretary of State's policy was not unlawful because, having properly followed the policy and taken all relevant matters into consideration, he was entitled to come to the decision that he had.'The majority of their Lordships [in GCHQ] indicated that whether judicial review of the exercise of prerogative power is open depends upon the subject matter and in particular whether it is justiciable. At the top of the scale of executive functions under the prerogative are matters of high policy, of which examples were given by their Lordships; making treaties, making war, dissolving Parliament … Clearly those matters … are not justiciable. But the grant or refusal of a passport is in a quite different category. It is a matter of administrative decision, affecting the rights of individuals and their freedom to travel.'
Although the court found that the decision whether or not to issue the applicant with a passport was one that was susceptible in principle to judicial review, they ultimately held that the Secretary of State's policy was not unlawful because, having properly followed the policy and taken all relevant matters into consideration, he was entitled to come to the decision that he had.'The majority of their Lordships [in GCHQ] indicated that whether judicial review of the exercise of prerogative power is open depends upon the subject matter and in particular whether it is justiciable. At the top of the scale of executive functions under the prerogative are matters of high policy, of which examples were given by their Lordships; making treaties, making war, dissolving Parliament … Clearly those matters … are not justiciable. But the grant or refusal of a passport is in a quite different category. It is a matter of administrative decision, affecting the rights of individuals and their freedom to travel.'
status | not learned | measured difficulty | 37% [default] | last interval [days] | |||
---|---|---|---|---|---|---|---|
repetition number in this series | 0 | memorised on | scheduled repetition | ||||
scheduled repetition interval | last repetition or drill |