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Author: Rosara Joseph
Publisher: Oxford University Press, USA
ISBN: 0199664323
Category : Law
Languages : en
Pages : 257
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Book Description
The war prerogative is the power of the Crown, exercised by the government, to declare war and deploy armed forces overseas. This book traces the theory and practice of the war prerogative in England from 1600 to the modern day and considers potential reform of the constitutional arrangements for its exercise.
Author: Rosara Joseph
Publisher: Oxford University Press, USA
ISBN: 0199664323
Category : Law
Languages : en
Pages : 257
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Book Description
The war prerogative is the power of the Crown, exercised by the government, to declare war and deploy armed forces overseas. This book traces the theory and practice of the war prerogative in England from 1600 to the modern day and considers potential reform of the constitutional arrangements for its exercise.
Author: Sarah Burns
Publisher: University Press of Kansas
ISBN: 0700628738
Category : Political Science
Languages : en
Pages : 328
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Book Description
The Constitution of the United States divides war powers between the executive and legislative branches to guard against ill-advised or unnecessary military action. This division of powers compels both branches to hold each other accountable and work in tandem. And yet, since the Cold War, congressional ambition has waned on this front. Even when Congress does provide initial authorization for larger operations, they do not provide strict parameters or clear end dates. As a result, one president after another has initiated and carried out poorly developed and poorly executed military policy. The Politics of War Powers offers a measured, deeply informed look at how the American constitutional system broke down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division. Sarah Burns starts with a nuanced account of the theoretical and historical development of war powers in the United States. Where discussions of presidential power often lean on the concept of the Lockean Prerogative, Burns locates a more constructive source in Montesquieu. Unlike Locke, Montesquieu combines universal normative prescriptions with an emphasis on tailoring the structure to the unique needs of a society. In doing so, the separation of powers can be customized while maintaining the moderation needed to create a healthy institutional balance. He demonstrates the importance of forcing the branches into dialogue, putting them, as he says, “in a position to resist” each other. Burns’s conclusion—after tracing changes through Franklin Delano Roosevelt’s administration, the Cold War, and the War on Terror—is that presidents now command a dangerous degree of unilateral power. Burns’s work ranges across Montesquieu’s theory, the debate over the creation of the Constitution, historical precedent, and the current crisis. Through her analysis, both a fuller picture of the alterations to the constitutional system and ideas on how to address the resulting imbalance of power emerge.
Author: W. Taylor Reveley
Publisher: Charlottesville : University Press of Virginia
ISBN:
Category : Law
Languages : en
Pages : 428
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Book Description
Discussing what war powers involve and which branch of government should control them, Reverly grapples with the full historical, political and legal complexities of this matter. He identifies the issues that must be considered, given the division of power between the President and Congress and analyzes the four main factors that shape this division -- the text of the Constitution, the purposes of its framers and ratifiers, evolving beliefs about what the Constitution requires and the various divisions of power that have existed between the President and Congress over the past two centuries. Also makes recommendations to achieve a coherent, consistent and workable war-powers policy, without endangering national security or violating the Constitution.
Author: Michael Head
Publisher:
ISBN: 9781315264943
Category : Business & Economics
Languages : en
Pages : 328
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Book Description
The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.
Author: Veronika Fikfak
Publisher: Bloomsbury Publishing
ISBN: 1509902902
Category : Law
Languages : en
Pages : 378
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Book Description
The invasion of Iraq in 2003, and the Coalition Government's failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which the UK engages in armed conflict. For much of the media and civil society there now exists a constitutional convention which mandates that the Government consults Parliament before commencing hostilities. This is celebrated as representing a redistribution of power from the executive towards a more legitimate, democratic institution. This book offers a critical inquiry into Parliament's role in the war prerogative since the beginning of the twentieth century, evaluating whether the UK's decisions to engage in conflict meet the recognised standards of good governance: accountability, transparency and participation. The analysis reveals a number of persistent problems in the decision-making process, including Parliament's lack of access to relevant information, government 'legalisation' of parliamentary debates which frustrates broader discussions of political legitimacy, and the skewing of debates via the partial public disclosure of information based upon secret intelligence. The book offers solutions to these problems to reinvigorate parliamentary discourse and to address government withholding of classified information. It is essential reading for anyone interested in war powers, the relationship between international law and domestic politics, and the role of the Westminster Parliament in questions of national security.
Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Author: Peter Crawford Oliver
Publisher: Oxford University Press
ISBN: 0190664819
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Claire Vergerio
Publisher: Cambridge University Press
ISBN: 100911686X
Category : Political Science
Languages : en
Pages : 319
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Book Description
Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.
Author: Pietro S. Nivola
Publisher: Rowman & Littlefield
ISBN: 0815724152
Category : History
Languages : en
Pages : 187
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Book Description
With distrust between the political parties running deep and Congress divided, the government of the United States goes to war. The war is waged without adequately preparing the means to finance it or readying suitable contingency plans to contend with its unanticipated complications. The executive branch suffers from managerial confusion and in-fighting. The military invades a foreign country, expecting to be greeted as liberators, but encounters stiff, unwelcome resistance. The conflict drags on longer than predicted. It ends rather inconclusively—or so it seems in its aftermath. Sound familiar? This all happened two hundred years ago. What So Proudly We Hailed looks at the War of 1812 in part through the lens of today's America. On the bicentennial of that formative yet largely forgotten period in U.S. history, this provocative book asks: What did Americans learn—and not learn—from the experience? What instructive parallels and distinctions can be drawn with more recent events? How did it shape the nation? Exploring issues ranging from party politics to sectional schisms, distant naval battles to the burning of Washington, and citizens' civil liberties to the fate of Native Americans caught in the struggle, these essays speak to the complexity and unpredictability of a war that many assumed would be brief and straightforward. What emerges is a revealing perspective on a problematic "war of choice"—the nation's first, but one with intriguing implications for others, including at least one in the present century. Although the War of 1812 may have faded from modern memory, the conflict left important legacies, both in its immediate wake and in later years. In its own time, the war was transformative. To this day, however, some of the fundamental challenges that confronted U.S. policymakers two centuries ago still resonate. How much should a free society regularly invest in national defense? Should the expense be defrayed throu
Author: Edward Keynes
Publisher: Penn State Press
ISBN: 0271038187
Category : Political Science
Languages : en
Pages : 261
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Book Description
