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.




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

We are pleased to announce the 2014-2015 Board of Editors and 2014-2015 Editorial Staff Members.

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

Coming up:

The Vanderbilt Journal of Transnational Law invites you to its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Recent and dire international disasters, both environmental and humanitarian, have left legacies not only of destruction and destitution, but also of an uncertain legal landscape. The Symposium will address current and pressing international-disaster-response topics. These will include environmental effects, disaster assistance, humanitarian assistance, and criminal processes and sanctions in the wake of various types of international disasters. Symposium participants will include leading scholars from across the country.

The 2015 Symposium will take place on Friday, February 13, 2015 at Vanderbilt Law School, 131 21st Avenue South, Nashville, TN 37203. A detailed schedule will be available soon.

For information on the 2015 Symposium, as well as past symposia hosted by the Journal, please visit the Symposium page.

Explore Other Vanderbilt Law Resources