By way of illustration, let us consider some recent cases. (…)
– Corner House involved a challenge to a decision to suspend an investigation into allegations that British Aerospace had bribed Saudi Arabian officials while negotiating the sale of aircraft. The Saudi government threatened to withdraw cooperation with the United Kingdom in countering terrorism if the investigation was not stopped. After consultation with government officials at the highest level, the Director of the Serious Fraud Office stopped the investigation. Challenged by an NGO, Corner House, the Law Lords held that national security and the risk to British lives was a relevant consideration in the exercise of the Director’s discretion, and that it was lawful for the Director to defer to the government on the nature of the risk.
Nota MMB: Pentru decizia Corner House, a se vedea aici.
(Constitutional Reason of State în Philosophical Foundations of Constitutional Law, Oxford University Press, 2016, la p. 183)