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Assess the constitutional impact of the decision of the House of Lords in the GCHQ case (Council of Civil Service Unions v Minister for the Civil Service (1985))
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ASSESS THE CONSTITUTIONAL IMPACT OF THE DECISION OF THE HOUSE OF LORDS IN THE GCHQ CASE (COUNCIL OF CIVIL SERVICE UNIONS V MINISTER FOR THE CIVIL SERVICE (1985)) The case we are studying, commonly known as the GCHQ case, is a landmark case with regards to its constitutional impact. In summary, in January 1984, the government decided to ban its staff from being members of trade unions because of past industrial action that had occurred within the Government Communications Headquarters (GCHQ). The decision was carried out by authority of an Order in Council from 1982 which authorised the Minister for the Civil Service to regulate terms and conditions of civil service employment, and was done without prior consultation of staff. Specific issues raised by the case included whether the minister's decision, made using prerogative powers, was subject to review, whether the minister's decision-making process was unfair and whether the minister's decision...
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