Padfield (supra) was decided in 1966 and ten years later, in 1976, Laker Airways Ltd v Department of Trade (1977) Q.B. 643 decided that the exercise of the Crown’s prerogative being discretionary, the courts are entitled to see that it is not exercised improperly or mistakenly; and it would be improper to cancel the designation of the Airline, by use of the prerogative power, at a stage when all the necessary steps had been completed – a cancellation which threatened the subject with material loss.
MINISTER’S POWER IS NOT UNLIMITED
In Padfield & Ors. v. Minister Of Agriculture Fisheries and Food & Qrs. (1968) A.C. 997 it was held, inter alia, that where Parliament conferred a discretion on the Minister so that it could be used to promote the policy and objects of the Act which were to be determined by the construction of the Act, the issue was one of law for the courts; that although there might be reasons which would justify the Minister in refusing to refer the complaint in that case to a Committee of Investigations, his discretion was not unlimited and if it appeared that the effect of his refusal to appoint a Committee of Investigations was to frustrate the policy of the Act, the court was entitled to interfere.