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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Parliament's Secret War

ISBN13: 9781509902873
Published: February 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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Since the Iraq War in 2003 and the Conservative-Liberal Democrat Coalition Government's failure to command the support of the House of Commons for military intervention in Syria in 2013 there has been increased interest in how Parliament is involved in decisions to go to war.

For much of the media and civil society the House of Commons' involvement represents a wresting of power from the Executive by a more legitimate, democratic institution. Moreover, it has also been suggested that the consultation of the House of Commons before the commencement of hostilities represents an emerging constitutional convention.

This monograph offers a critical inquiry into the current arrangements around the operation of the war prerogative. In doing so, it offers the first in-depth conceptual analysis of the nature of the British Parliament's role in respect of the war prerogative.

The book is the first rigorous attempt to classify, explain, and evaluate parliamentary engagement with war powers in the twentieth and twenty-first centuries.

It reveals that the constitutional functions of Parliament are being frustrated by lack of access to relevant information, a practice which is usually justified by the Executive on the basis that providing relevant materials in open parliamentary sessions would be damaging to national security or international relations.

Constitutional and Administrative Law
1. Parliament’s Secret War 1
Veronika Fikfak and Hayley J Hooper
A. The Role of the House of Commons in War Powers Decisions: An Historical View
B. From Discretion to Democratisation
C. Roadmap of the Book
D. Methodology: The Political Constitution and Evidence-Based Public Law
2. A Legal War?
Veronika Fikfak
A. Use of Force as an International Legal Question
B. Bringing the War Question Home
C. Use of Force as a Domestic Question
D. The Implications of Linking International Legality to Parliament’s Constitutional Role on War
E. Shining a Light on the Subjugation of Politics
3. The Convention as a Battlefield
Veronika Fikfak
A. The Role of Conventions in the UK Constitutional Sphere
B. The Timing of the Engagement
C. Parliament’s Hollow Veto Power
D. Emergencies, Drones and Special Forces
E. Unrealised Accountability
4. The Deployment of Secrecy
Hayley J Hooper
A. Groupthink and Information Asymmetry
B. Complete Asymmetry: Refusing Debates and Making Secret Pre-commitments
C. Partial Asymmetry: Selective Disclosures
D. Reforming the Intelligence Machinery: An Incomplete Solution
E. Towards a New Nomenclature of Secrecy
5. Re-arming Parliament: Fostering Politics
Veronika Fikfak and Hayley J Hooper
A. Moving Beyond the Standard Solutions
B. Creating Space for Politics and Equipping Parliament for Deliberation
C. Voting Within a Culture of Justification
6. Closed Intelligence Sessions
Hayley J Hooper
A. Chilcot’s Proposal for Parliamentary Scrutiny of Intelligence Material
B. The Alternative: Closed Intelligence Sessions of the Whole House of Commons
C. Justifications for Initiating a Closed Intelligence Session
D. Controlling Abuse of Closed Intelligence Sessions
E. Security Considerations
F. Inclusive Secrecy, Transparency, Participation and Accountability

Series: Hart Studies in Security and Justice

Securing Legality ISBN 9781849466301
To be published August 2019
Hart Publishing
Security and Human Rights 2nd ed ISBN 9781849467308
To be published February 2019
Hart Publishing
The National Security Constitution ISBN 9781509911011
Published May 2018
Hart Publishing
£58.50 + £11.70 VAT
Parliament's Secret War (eBook) ISBN 9781509902903
Published February 2018
Hart Publishing
£63.00 + £12.60 VAT
Surveillance, Privacy and Trans-Atlantic Relations (eBook) ISBN 9781509905423
Published February 2017
Hart Publishing
£54.00 + £10.80 VAT
Surveillance, Privacy and Trans-Atlantic Relations ISBN 9781509905416
Published February 2017
Hart Publishing