The Prime Minister is able to keep a minister in post, even where the definition of bullying is clearly satisfied, so long as the Prime Minister still has confidence in the minister's ability to perform their role. 1. This article considers the decision of the Divisional Court in I R (FDA) v The Prime Minister and Minister for the Civil Service i ,[1] where the Court had to decide whether the question of whether the Prime Minister had misdirected himself as to the meaning of "bullying" within the Ministerial Code was justiciable and, if so, whether the Prime Minister had in fact misdirected himself. A Question of Justiciability: Did the Prime Minister Misdirect Himself as to the Meaning of Bullying Within the Ministerial Code? There remains a clear view that the Ministerial Code is enforced by the Prime Minister and is a matter for the Prime Minister's own discretion. [Extracted from the article]