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R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] UKHL 3 is a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constitutional terms for its ruling on the extent of ministerial prerogative powers.
The House of Lords held by 3 to 2, that the Home Secretary acted unlawfully by taking into account irrelevant considerations (a public petition) and failing to take into account relevant considerations (progress in detention). Lord Steyn said the following of the Home Secretary. His legal premise was wrong: the two sentences are different.
The House of Lords allowed the appeal. Lord Steyn gave the leading judgment. Lord Hoffmann agreed with Lord Steyn and said the following. [note 1]Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
R v Secretary of State for the Home Department, ex parte Northumbria Police Authority [1989] 1 QB 26 was an English administrative law decision that first recognised the prerogative power to do whatever "was necessary to meet either an actual or an apprehended threat to the peace".
R v Secretary of State for the Home Department, ex parte Doody [1993] UKHL 8, [1994] 1 AC 531 was an important UK constitutional law case concerning applications for judicial review. Facts [ edit ]
However, Lord Mustill summarised the prevailing modern viewpoint in the 1995 judgment, R. v Home Secretary ex parte Fire Brigades Union: [1] [10] It is a feature of the peculiarly UK conception of the separation of powers that Parliament, the executive and the courts each have their distinct and largely exclusive domain.
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R v Criminal Injuries Compensation Board, ex parte A; Court: House of Lords: Full case name: Regina v Criminal Injuries Compensation Board, ex parte A (A.P.) Decided: 25 March 1999: Citation [1999] 2 AC 330, [1999] UKHL 21, [1999] 2 WLR 974: Transcript: Case history; Prior action [1999] 2 AC 330; [1999] 2 WLR 974: Appealed from: Court of Appeal ...