header-logo header-logo

24 April 2008 / Julian Samiloff
Issue: 7318 / Categories: Features , Public , Procedure & practice , Constitutional law
printer mail-detail

Who should declare war

Julian Samiloff ponders who has the present-day power to start military proceedings

It's a fact of our constitution that under the Royal Prerogative the power to declare war and commit British forces to military operations is vested in the prime minister. Parliament has no formal legal role in sanctioning such use although the government, by convention, does undertake to keep Parliament substantially informed. It may be posited that in exercising this particular prerogative the prime minister enjoys what ancient kings once enjoyed: the use of almost absolute power in the application of a discretion, and that in doing so he knows that such use cannot generally be challenged in the courts or stopped by a Parliament controlled by his party.

With some prerogatives, control by judicial review is possible, however, the courts have limited their use of it on the basis that some matters involving the use of the prerogative are issues of “high policy”, including declaring and conducting war, and are not justiciable.

Lord Roskill in Council of Civil Service

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

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll