R v Secretary of State for Home Department, ex parte Khan, 1984 [1984] EWCA Civ 8
Citation:160. R v Secretary of State for Home Department, ex parte Khan, 1984 [1984] EWCA Civ 8
Rule of thumb:Can a Government change the political manifesto which got them elected into power? Technically they can, yes, however, if they are forming new policy then they need to do a full investigation & consultation process with white papers & green papers, otherwise the answer is no & any new Bills they present to Parliament or new Regulations they pass could be struck down in Court under a Judicial Review.
Ratio-decidendi:
‘The Secretary of State is, of course, at liberty to change the policy but in my view, vis-a-vis the recipient of such a letter, a new policy can only be implemented after such recipient has been given a full and serious consideration whether there is some overriding public interest which justifies a departure from the procedures stated in the letter’. Parker LJ
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.