header-logo header-logo

War of words

13 August 2019 / Alec Samuels
Categories: Features , Procedure & practice , Constitutional law , Brexit , EU
printer mail-detail

Is parliamentary approval required before the government takes us into war, asks Alec Samuels

  • What should be the nature and extent of the powers of government?

Is parliamentary approval required before the government takes us into war? Is there a convention to this effect? Or is there a law? The Society of Conservative Lawyers has considered the matter and issued a report with recommendations.

Rule of war

Traditionally the constitutional and legal position has been that going to war is a matter for the royal prerogative, exercised by the sovereign on the advice of the prime minister of the government of the day. Government carries the responsibility and is thus accountable. Parliament should scrutinise the conduct of the government and call it to account.

This traditional rule has mostly applied in modern history. In 1939 Chamberlain took us into war, though he soon lost the confidence of Parliament and was replaced by Churchill who formed a coalition. In 1956 Eden took us into Suez, there was massive parliamentary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll