The Civil Contingencies Act 2004 places the provision of declaring war (in emergencies, albeit) under statutory framework. The Act further stipulates that such an emergency provision should be approved by Parliament at the earliest possible and also that it is open to challenge in the courts! Given the CCSU decision (justiciability depends on the subject-matter and not the source of power), does it now mean that the prerogative to declare wars in emergencies is also justiciable (maybe one could also argue that the prerogative to declare war has been supplanted by this statute)?
If the matter is justiciable in emergencies, it surely must be justiciable at other times too.
Does anyone disagree with this line of argument?
There is, ofcourse, the policy argument (incompetence of court and separation of powers) that the courts should not review such powers. But, in theory, the courts "can" though they might not. Right?!
... and the ones that won't