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13 August 2019 / Alec Samuels
Categories: Features , Procedure & practice , Constitutional law , Brexit , EU
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War of words

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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

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