R v Secretary of State for the Home Department ex parte Fire Brigades’ Union [1995]

Facts:

  • The consideration as to whether the executive in the UK can use the prerogative powers with the actual effect that an Act of Parliament (legislation) could be prevented from coming into force
  • The case considered The Criminal Injuries Compensation Scheme, introduced in the UK in 1964, under claims that it was formed using prerogative powers
  • Despite the Criminal Justice Act 1988 having received royal assent, a date for effect by the Secretary of State was never made
  • 6 years later, the Home Secretary announced the compensation structure was to be lowered which was then followed by the revelation that the entire Act was to be repealed

Issue:
  • Whether when the bringing into power of legislation is hung on the act of the executive, is it a duty or an option for this duty to be seen through and the provisions brought into power?

Held:
  • HoL ruled 3-2 majority that the actions of the Home Secretary were unlawful
  • The progression of the acts and provisions led the general public to have legitimate expectations of the enactment of the new law
  • The failure of the Secretary of State to 'sign off' on the 1988 Act breached this

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