In Lord Advocate's Reference (No 1 of 2000) 2001 SLT 507, the justiciability of matters of national defence was considered by way of obiter. In this case, the Scottish Lord Advocate referred a number of points of law to the High Court. These questions had arisen in relation to the hearing of charges of malicious mischief brought against three persons for damaging a submarine belonging to the Ministry of Defence which was used in the deployment of Trident nuclear missiles. In the course of judgment the court stated:

'In our view it is not at all clear that, if this issue had been fully debated before us, the incorporation of Trident II in the United Kingdom's defence strategy in pursuance of a strategic policy of global deterrence, would have been regarded as giving rise to issues which were properly justiciable. Chandler remains binding authority in this court. Such developments as have taken place seem to have left untouched the status of the prerogative in matters relating to the defence of the realm. However, we have not been asked to dispose of the matter on this basis, and we have no choice but to reserve the issue for another occasion.'

Referring in particular to the judgments of Lord Fraser of Tullybelton, Lord Diplock and Lord Roskill, the court noted that in GCHQ the House of Lords had discussed the progressive relaxation of the rule that exercise of the prerogative was not justiciable and that there were important qualifications placed on judicial review of prerogative powers.