The prerogative powers of ministers include some of the most important functions of government, such as decisions on armed conflict and the conclusion of international treaties. This report describes how such powers have come to be delegated. It also concludes that they should be more closely regulated. It proposes that the government should prepare a list of all prerogative powers, which would be considered by a parliamentary committee. Appropriate legislation, with any required statutory safeguards, would then be put into place. A draft Bill is appended to the report.
The Political and Constitutional Reform Committee publishes its own draft parliamentary resolution setting out the process that should be followed to consult Parliament on conflict decisions, to serve as an interim step towards putting Parliament's role in war making decisions on a legal footing. The Committee has repeatedly called on Government to make progress on the Foreign Secretary's commitment in 2011 to "enshrine in law for the future the necessity of consulting Parliament on military action". The key points of the report are as follows: (1) The debate in the House of Commons on 29 August 2013 regarding Syria and the use of chemical weapons highlighted the important role Parliament plays in conflict decisions; (2) The Government needs to make a clear statement of how it intends to honour the Foreign Secretary's commitment of 2011, and give a specific Minister responsibility for making progress on this.; (3) A parliamentary resolution would serve as a useful interim step towards enshrining Parliament's role in law, by embedding the current convention and clarifying some of the ambiguities that exist under current arrangements.
This White Paper contains a three volume set of documents (Cm. 7342-I/II/III, ISBN 9780101734226) and is part of the Governance of Britain series examining constitutional renewal. In July 2007, the Governance of Britain Green Paper was published (ISBN 9780101717021) which set out the Government's vision and proposals for constitutional renewal, calling on the public, Parliament and other organisations to submit views. The result of the consultation is the publication of this White Paper. Volume 1 covers the substantive issues of constitutional renewal, including: the Government's policy proposals; the Attorney General; judicial appointments; treaties; the civil service; war powers; flag flying and other policies, such as the reform of the Intelligence and Security Committee; a wider review of the Royal Perogative; passports; the National Audit Office; public appointments and Church of England appointments. Volume 2, presents the draft Constitutional Renewal Bill, with Volume 3, setting out an analysis of the consultations. For specific publications on a number of the issues examined here, see Cm. 7239, War Powers & Treaties - ISBN 9780101723923; Cm. 7210, Judicial Appointments, ISBN 9780101721028; Cm. 7192, Role of the Attorney General, ISBN 9780101719223.
The war prerogative is the power of the Crown, exercised by the government, to declare war and deploy armed forces overseas. This book traces the theory and practice of the war prerogative in England from 1600 to the modern day and considers potential reform of the constitutional arrangements for its exercise.
Unlocking Constitutional and Administrative Law provides an indispensable foundation in this core law curriculum subject, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Constitutional and Administrative Law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: Clear aims and objectives at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your knowledge Diagrams to aid memory and understanding Cases and judgments are highlighted to help you find them and add them to your notes quickly End-of-chapter summaries provide a useful checklist for each topic Frequent activities and self-test questions are included so you can put your knowledge into practice Glossary of legal terminology clarifies important definitions. This edition has been fully updated to include discussion of recent changes, issues and developments since the last edition, including an expanded section on Brexit, proposed changes to Judicial review, developments in Wales, Ireland and Scotland, recent Bills raising issues concerning the rule of law, and a new chapter on the constitutional impact of COVID-19.
Presenting wide-ranging and accurate coverage of constitutional and administrative law, this title is structured in a logical and practical way, supporting students as they progress in the subject.
A clear and reliable account of public law, now revised and updated in an attractive new format in which the main points are brought to the fore and complexities explained to help you get to grips with this core component of an undergraduate or CPE/GDL law degree.
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
