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The War PrerogativeHistory, Reform, and Constitutional Design$
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Rosara Joseph

Print publication date: 2013

Print ISBN-13: 9780199664320

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199664320.001.0001

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The War Prerogative in Practice

The War Prerogative in Practice

(p.44) 3 The War Prerogative in Practice
The War Prerogative

Rosara Joseph

Oxford University Press

This chapter examines the war prerogative in practice from 1620 - 2012. It focuses on how the House of Commons and the executive have interacted in the exercise and scrutiny of the war prerogative. It will show that the House of Commons has played an active and influential role in the exercise of the war prerogative, despite the common assumption of an exclusive executive power. Part II describes an extraordinary period in English constitutional history, during which the Commons assumed responsibility for the war and foreign policy powers and experimented with different constitutional arrangements for their exercise. Part III, the main focus of this chapter, identifies the ways that the Commons and the executive have interacted in the exercise and scrutiny of the war prerogative. Those interactions are grouped into five types: freedom of speech and debate; the power of supply; retrospective scrutiny; parliamentary consultation before going to war; legislation.

Keywords:   constitutional history, political history, House of Commons, war prerogative, executive, Crown, freedom of speech, power of supply, parliamentary scrutiny, parliamentary consultation

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