R v Secretary of State for the Home Department, ex parte Fire Brigades Union

E197471

R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.

All labels observed (2)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf House of Lords decision ⓘ
United Kingdom constitutional law case ⓘ
alsoKnownAs Fire Brigades Union case ⓘ
ex parte Fire Brigades Union ⓘ
areaOfLaw administrative law ⓘ
constitutional law ⓘ
public law ⓘ
citation [1995] 2 AC 513 ⓘ
[1995] 2 All ER 244 ⓘ
[1995] 2 WLR 1 ⓘ
citedIn cases on the implementation of statutory schemes ⓘ
cases on the scope of the royal prerogative ⓘ
concerns implementation of the Criminal Justice Act 1988 criminal injuries compensation scheme ⓘ
relationship between statute and prerogative powers ⓘ
country England and Wales ⓘ
court House of Lords ⓘ
held the Home Secretary acted unlawfully by using prerogative powers to introduce a new compensation scheme instead of bringing the statutory scheme into force ⓘ
the executive cannot use prerogative powers to frustrate the will of Parliament expressed in primary legislation ⓘ
importance clarified that prerogative powers are subject to judicial review when affecting rights ⓘ
seminal authority on the constitutional status of the royal prerogative ⓘ
involvesParty Fire Brigades Union ⓘ
Secretary of State for the Home Department ⓘ
linked to: Home Secretary
judge Lord Keith of Kinkel ⓘ
Lord Lloyd of Berwick ⓘ
Lord Mustill ⓘ
Lord Nicholls of Birkenhead ⓘ
jurisdiction United Kingdom ⓘ
leadingAuthorityFor executive obligation to respect uncommenced statutory schemes ⓘ
limits on the use of prerogative powers where Parliament has legislated ⓘ
leadingCaseOn duty of the executive to implement Acts of Parliament ⓘ
limits of the royal prerogative ⓘ
legalIssue whether failure to bring a statutory scheme into force could be challenged by judicial review ⓘ
whether the Home Secretary could lawfully introduce a non-statutory compensation scheme under the prerogative ⓘ
partOf UK case law on royal prerogative ⓘ
UK case law on separation of powers ⓘ
presidingJudge Lord Browne-Wilkinson ⓘ
principle statutory powers and duties take precedence over inconsistent prerogative powers ⓘ
there is a duty on the executive not to frustrate the purpose of an Act of Parliament by inaction ⓘ
relatedLegislation Criminal Justice Act 1988 ⓘ
relatedTo criminal injuries compensation scheme ⓘ
remedy declaration that the Home Secretary had acted unlawfully ⓘ
topic justiciability of prerogative powers ⓘ
ministerial discretion in bringing legislation into force ⓘ
separation of powers in the UK constitution ⓘ
usedIn UK administrative law teaching ⓘ
UK constitutional law teaching ⓘ
yearDecided 1995 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Royal prerogative of the United Kingdom → notableCaseLaw → R v Secretary of State for the Home Department, ex parte Fire Brigades Union ⓘ
R v Secretary of State for the Home Department, ex parte Fire Brigades Union → alsoKnownAs → ex parte Fire Brigades Union ⓘ
linked to: R v Secretary of State for the Home Department, ex parte Fire Brigades Union