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#constitution #law #public
The control of the armed forces has traditionally been seen as a matter that cannot be challenged in court: see Chandler v DPP [1964] AC 763. In R (on the application of Campaign for Nuclear Disarmament) v Prime Minister of the UK (2002) EWHC 2759 QB, CND sought a declaration that U.N. Resolution 1441 did not authorise military action against Iraq. Simon Brown LJ gave the leading judgment and stated that it was: 'accept(ed) that the decision to take military action is beyond the court's purview'. Decisions that involve the 'defence of the realm' in the sense of declaring war or deploying armed forces are matters exclusively for the executive. In such situations, the consequences of executive action can only be judged politically and not legally through the courts.
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