R v Secretary of State for Foreign Affairs Ex p The World Development Movement
Encyclopedia
R v Secretary of State for Foreign Affairs Ex p The World Development Movement is a judicial review
case in English law
in which the World Development Movement
challenged the decision of Britain
's Foreign Secretary to spend £234m on a development project on Malaysia's Pergau Dam
.
At the time, the Overseas Development Administration (ODA) was under the supervision of the Foreign Secretary and the Foreign and Commonwealth Office
, its primary remit being to promote UK exports to the developing world ("aid through trade"). During this period, it has been alleged that there was a connection between the granting of aid and the achievement of either foreign policy goals or British companies winning export orders.
A scandal erupted concerning the UK funding of a hydroelectric dam on the Pergau River in Malaysia, near the Thai border. Building work began in 1991 with money from the UK foreign aid budget. Concurrently, the Malaysian government bought around £1 billion worth of arms from the UK. The suggested linkage of arms deals to aid became the subject of a UK government inquiry from March 1994. In November 1994, after an application for judicial review (R v Secretary of State for Foreign Affairs Ex p The World Development Movement) brought by the World Development Movement
, the High Court
held that the then-Foreign Secretary, Douglas Hurd
had acted ultra vires
(outside of his power and therefore illegally) by allocating £234 million towards the funding of the dam, on the grounds that it was not of economic or humanitarian benefit to the Malaysian people.
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
case in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
in which the World Development Movement
World Development Movement
The World Development Movement is a membership organisation in the United Kingdom which campaigns on issues of global justice and development in the Global South....
challenged the decision of Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's Foreign Secretary to spend £234m on a development project on Malaysia's Pergau Dam
Pergau Dam
Pergau Dam is the hydroelectric dam in Kuala Yong, Kelantan, Malaysia. It is located about 100 km west of Kota Bharu.-Power station:The power station is a hydroelectric power station, using 4 turbines of 150 MW installed capacity...
.
At the time, the Overseas Development Administration (ODA) was under the supervision of the Foreign Secretary and the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
, its primary remit being to promote UK exports to the developing world ("aid through trade"). During this period, it has been alleged that there was a connection between the granting of aid and the achievement of either foreign policy goals or British companies winning export orders.
A scandal erupted concerning the UK funding of a hydroelectric dam on the Pergau River in Malaysia, near the Thai border. Building work began in 1991 with money from the UK foreign aid budget. Concurrently, the Malaysian government bought around £1 billion worth of arms from the UK. The suggested linkage of arms deals to aid became the subject of a UK government inquiry from March 1994. In November 1994, after an application for judicial review (R v Secretary of State for Foreign Affairs Ex p The World Development Movement) brought by the World Development Movement
World Development Movement
The World Development Movement is a membership organisation in the United Kingdom which campaigns on issues of global justice and development in the Global South....
, the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
held that the then-Foreign Secretary, Douglas Hurd
Douglas Hurd
Douglas Richard Hurd, Baron Hurd of Westwell, CH, CBE, PC , is a British Conservative politician and novelist, who served in the governments of Margaret Thatcher and John Major between 1979 and his retirement in 1995....
had acted ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
(outside of his power and therefore illegally) by allocating £234 million towards the funding of the dam, on the grounds that it was not of economic or humanitarian benefit to the Malaysian people.
See also
- Judicial review in English lawJudicial review in English LawJudicial review is a procedure in English administrative law by which the courts in England and Wales supervise the exercise of public power on the application of an individual...
- Department for International Development: History