British Parliamentary Approval For The Invasion of Iraq - Constitutional Background

Constitutional Background

There is no constitutional requirement for the United Kingdom government to seek any explicit form of Parliamentary approval before committing UK forces to military action. The Royal Prerogative permits the government to give the order to begin action.

However the political controversy over whether to participate in military action, which covered the legal legitimacy as well as Foreign policy questions, had been under discussion for many years. As early as 1999, the anti-war MP Tam Dalyell had proposed a Ten Minute Rule Bill called Military Action Against Iraq (Parliamentary Approval) Bill which would "require the prior approval, by a simple majority of the House of Commons, of military action by United Kingdom forces against Iraq." Dalyell was given leave to bring in his Bill but did not progress it further after The Queen refused to grant consent.

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