A citizen could not challenge in the courts the legality of either foreign policy (including the declaration of war) or the deployment of the armed forces and so could not take direct action to interfere with the exercise of those prerogative powers and then claim in his defence to a criminal charge that he was legally justified in so doing because the government's action were unlawful.

Crown Ct (Bristol) (Grigson J)

12/05/2004

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