Constitution - Fifteenth Report

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Here you can browse the report which was ordered by the House of Lords to be printed 19 July 2006.

CONTENTS

Terms of Reference

Chapter 1: Introduction and background

Introduction

Background

The origins and nature of the prerogative

Evolution of the prerogative

Terminology

"War" and "armed conflict"

The deployment of forces

The exercise of the prerogative

Operational control

Constraints on the deployment power

Chapter 2: Political and legal factors influencing the deployment power

Wars of necessity and wars of choice

Treaty and other international obligations

Deployment and domestic law

International law

Chapter 3: Parliamentary involvement: The balance of argument

The Benefits of increasing parliamentary involvement

Legitimacy: Source and Exercise of the Deployment Power

Increased Accountability of Decision-making

"Better" decision-making

The impact on military morale

Arguments against increasing parliamentary involvement

Undermining effectiveness of operations

Coalition-working

Maintaining executive responsibility for action

Difficulties of informed decision-making

Legal impact of legislation

Undermining morale

Chapter 4: Options for enhancing Parliamentary Involvement

General points

Legislation to transfer prerogative power

Provision of information to Parliament

Legal advice

Publication of Attorney-General's Advice

Independent source of legal advice for Parliament

Parliamentary Joint Select Committee on Armed Forces

Statutory provision

Summaries of benefits and disadvantage of statutory provision

Parliamentary convention

Resolution of differences between the two Houses

Chapter 5: Conclusions

Appendix 1: Select Committee on the Constitution

Appendix 2: Call for Evidence

Appendix 3: List of Witnesses

Appendix 4: Parliamentary oversight of the deployment power: International Comparisons

Appendix 5: The Ponsonby Rule

List of Oral Evidences

Wednesday 23 November 2005

Wednesday 7 December 2005

Wednesday 18 January 2006

Wednesday 25 January 2006

Wednesday 8 February 2006

Wednesday 22 March 2006

Wednesday 29 March 2006

NOTE:

The Report of the Committee is published in Volume I, HL Paper 236-I.

The Evidence of the Committee is published in Volume II, HL Paper 236-II.

References in the text of the Report are as follows:

(Q)  refers to a question in oral evidence

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