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R v Secretary of State for the Home Department, ex p Fire Brigades Union : ウィキペディア英語版 | R v Secretary of State for the Home Department, ex p Fire Brigades Union
R v Secretary of State for the Home Department ex parte Fire Brigades Union () 2 AC 513〔http://www.bailii.org/uk/cases/UKHL/1995/3.html〕 was a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constitutional terms for its ruling on the extent of Ministerial prerogative powers. ==Background== The Criminal Injuries Compensation Scheme was set up under Ministerial prerogative powers to provide ex gratia compensation payments to victims of crime. Compensation was assessed on an individual basis by the Criminal Injuries Compensation Board. The Criminal Justice Act 1988 was to introduce a statutory scheme for criminal injuries compensation with several sections coming into law (by statutory instrument) on a date of the Home Secretary's choosing. However, the government rather than implementing this legislation amended a non-statutory tariff based scheme under the royal prerogative.〔http://www.publications.parliament.uk/pa/jt199899/jtselect/jtpriv/43/43ap43.htm〕 This tariff based scheme would save money by awarding less compensation. A trade Union sought judicial review of the decision of the Home Secretary not to bring into force the compensation scheme in the 1988 Act.
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