Waging War: Parliament's Role and Responsibility; 15th Report of Session 2005-06, Том 1The Stationery Office, 27 июл. 2006 г. - Всего страниц: 61 The Royal prerogative derives from the constitutional settlement enshrined in the Bill of Rights 1688, and under such powers the Government can declare war and deploy armed forces to conflicts abroad without the consent of Parliament. However, given that the Government agreed to a parliamentary vote before the Iraq war in 2003, there have subsequently been widespread calls for the convention to be established that the Government should always seek Parliamentary approval before taking any action in future conflicts. The Committee's report examines the alternatives to the use of the Royal prerogative power in the deployment of armed force, whether there should be a more direct role for Parliament and in particular whether Parliamentary approval should be required for any deployment of British forces outside the UK (whether or not into areas of conflict), or if there is a need for different approaches in different situations, for example in honouring commitments under international treaties or in pursuance of UN Security Council resolutions. The Committee concludes that the use of the Royal prerogative is outdated and recommends that a parliamentary convention be established to determine the role Parliament should play in making decisions to deploy force or forces outside the UK to war, intervention in an existing conflict or to environments where there is a risk that the forces will be engaged in conflict. |
Содержание
Introduction and background | 5 |
Political and legal factors influencing | 12 |
40 | 18 |
Legal impact of legislation | 24 |
Independent source of legal advice for Parliament | 30 |
Resolution of differences between the two Houses | 38 |
Часто встречающиеся слова и выражения
Afghanistan armed conflict Attorney-General Attorney-General's Bill British forces Bundestag Clare Short Command Paper Congress considered courts Crown decision to deploy decision-making declaration Defence Democratic Audit deploy armed forces deployment decisions deployment of armed deployment power Dr Ziegler Evidence example executive power exercise formal give Parliament Government Government's greater parliamentary involvement House of Commons House of Lords international law Iraq joint committee Kenneth Clarke laid before Parliament legislation legitimacy Lord Boyce Lord Falconer Lord Garden Lord Goldsmith Lord Lester Lord Mayhew Marshal Lord military action military force Neil Gerrard operations paragraph parliamentary authorisation participation Politics Network Ponsonby Rule power to deploy Powers Act President Prime Minister prior parliamentary approval procedures Professor Rowe proposal resolution role royal prerogative powers Sebastian Payne Security Council Select Committee self-defence statute told Tony Benn troops United Kingdom Volume vote War Powers Act Wilmshurst witnesses