Home » Articles » Judicial Review under a British War Powers Act

Judicial Review under a British War Powers Act

PDF · David Jenkins · Jul-6-2012 · 43 VAND. J. TRANSNAT'L L. 611 (2010)

This Article considers how U.K. courts might exercise review under a hypothetical British “war powers act,” in the event that the current Labour Government or an incoming Tory one responds to calls to reform the Royal War Prerogative and Parliament passes such a statute.  The Article undertakes a comparative study, analyzing how U.S. courts apply the political question doctrine in war powers cases.  It suggests that they apply the doctrine in a way that assesses the justiciability of the particular subject matter of a case, thereby supporting deference to the political branches in most war powers cases without foreclosing review altogether.  Explaining how and why U.S. courts show such deference despite the Constitution’s “declare war” clause and a strong form of judicial review, the Article concludes that a future British “war powers act” would likely not invite the kind of inappropriate judicial activism that some inside and outside of government have feared in avoiding statutory prerogative reform.

3 Responses to “Judicial Review under a British War Powers Act”

  1. It’s awesome to visit this webb page and reading thee
    views of all colleagues regarding thiss article, while I am also eaqger of
    getting knowledge.

    posted on September 19th, 2014 at 7:07 pm
  2. Heey there, You’ve done a fantastic job. I will definitely digg it aand personally recommend
    to my friends. I am confident they’ll be benefited from this web site.

    posted on October 26th, 2014 at 10:47 pm
  3. There is definately a great deal to know
    about this issue. I love all the points you have made.

    posted on November 3rd, 2014 at 2:52 pm

Leave a Reply

ExpressO Top 10 Law Review


Video is now available from the Vanderbilt Journal of Transnational Law‘s latest symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch them here.

We are pleased to announce the 2015-2016 Board of Editors.

Read the Journal’s latest issue (Vol. 47 No. 5) here.

The Vanderbilt Journal of Transnational Law mourns the death of its founder, Professor Harold G. Maier.

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2013-2014 Annual Award Winners.


Explore Other Vanderbilt Law Resources