 During the 1960s and 70s this attitude was changing , with Lord <unk> saying in the <unk> <unk> case that " seeing that the prerogative is a discretionary power to be exercised for the public good , it follows that its exercise can be examined by the courts just as any other discretionary power which is vested in the executive . " The most authoritative case on the matter is Council of Civil Service <unk> v Minister for the Civil Service , generally known as the <unk> case . The House of Lords confirmed that the application of judicial review would be dependent on the nature of the government 's powers , not their source . Foreign policy and national security powers are considered outside the scope of judicial review , while the prerogative of mercy is considered within it , as per R v Secretary of State for the Home Department , ex parte Bentley . 
