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The Modern expression of the grounds for Judicial review are to be found in Lord Diplock’s speech in Council of Civil Service Unions V Minister For Civil Service 1984, usually known as the ‘GCHQ case’
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Padraig McEnteggart Personal id X1465814 W201 TMA 03 (word count 991) Q.1. The Modern expression of the grounds for Judicial review are to be found in Lord Diplock's speech in Council of Civil Service Unions V Minister For Civil Service 1984, usually known as the 'GCHQ case'. In this case the Union was challenging the right of the Prime Minister to disallow trades unions operating in the GCHQ , an organisation involved in surveillance for national security purposes. The court held that the PM's actions were reviewable but, in this case, interests of security supported his decision. Along the way, Lord Diplock divided grounds for Judicial Review into three classes: 'illegality', 'irrationality', and 'procedural impropriety'. For the purpose of this question we shall look at procedural impropriety.1 Lord Diplock used this phrase specifically to include a breach both of express statutory procedural requirements and the common law of natural justice. The rules of natural justice or the phrase'...
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