The War Prerogative

Author by : Rosara Joseph
Languange : en
Publisher by : Oxford University Press
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Description : This book examines the war prerogative. The war prerogative is the power of the Crown, exercised by the government, to declare war and deploy armed forces overseas. The book traces the evolution of the war prerogative in England from 1600-2012, focussing on the interactions between the executive, Parliament, and the courts in the exercise and scrutiny of the war prerogative. The book addresses three key issues. First, it looks at what writers on political andconstitutional theory have said about the constitutional arrangements for the war prerogative. Secondly, it examines how the war prerogative has been exercised and scrutinised in practice. Thirdly, itconsiders whether reform of the constitutional arrangements for the war prerogative is necessary and desirable


The War Prerogative

Author by : Rosara Joseph
Languange : en
Publisher by : OUP Oxford
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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.


The War At Home

Author by : Anonim
Languange : en
Publisher by : Unknown
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Britain S War Powers

Author by : Tara McCormack
Languange : en
Publisher by : Springer
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Description : This book provides a state of the art discussion of the royal prerogative over war powers in the UK. This issue has received particular attention over proposed military strikes against the Syrian regime and it was claimed by many observers and scholars that parliament now controls decisions in war. However, the record has been mixed– and the most recent decision by Prime Minister May on Syria in 2018 shows that the executive can re-assert prerogative powers and effectively sidestep parliament. The author argues that these dynamics should be seen in the context of the declining authority of the executive and the legislature and in terms of a policy solution, and ultimately she suggests a War Powers Act as a firmer foundation for Britain’s war powers.


The Legal Power To Launch War

Author by : Michael Head
Languange : en
Publisher by : Routledge
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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.


Who Takes Britain To War

Author by : James Gray
Languange : en
Publisher by : The History Press
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Description : The long-standing parliamentary convention known as the ‘Royal Prerogative’ has always allowed Prime Ministers to take the country to war without any formal approval by Parliament. The dramatic vote against any military strike on Syria on 29 August 2013 blew that convention wide open, and risks hampering Great Britain’s role as a force for good in the world in the future. Will MPs ever vote for war? Perhaps not – and this book proposes a radical solution to the resulting national emasculation. By writing the theory of a Just War (its causes, conduct and ending) into law, Parliament would allow the Prime Minister to act without hindrance, thanks not to a Royal Prerogative, but to a parliamentary one.


Parliament S Secret War

Author by : Veronika Fikfak
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 64
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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.


War And Press Freedom

Author by : Jeffery A. Smith
Languange : en
Publisher by : Oxford University Press
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Description : War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system.


The Governance Of Britain

Author by : Great Britain: Ministry of Justice
Languange : en
Publisher by : The Stationery Office
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Description : Following on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation document discusses ways of making the executive branch of government more accountable, focusing on two areas: the power to enter into international obligations (treaties) and the power to engage the country in war. Although these are two of the most important powers a government can wield, there is no legal requirement for the House of Commons to have any particular role in these decisions, with the executive traditionally deriving its powers from the ancient prerogatives of the Crown. This consultation paper considers how the role of Parliament can be strengthened in the conduct of diplomacy and armed conflict, whilst balancing this against the need for government to take swift action to protect national security and other national interests, and avoiding undermining operational security and effectiveness. The consultation period ends on 17/01/2008.


Parliament S Secret War

Author by : Veronika Fikfak
Languange : en
Publisher by : Hart Publishing
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 420
File Size : 48,8 Mb
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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.


Britain S War Powers

Author by : Tara McCormack
Languange : en
Publisher by : Palgrave Pivot
Format Available : PDF, ePub, Mobi
Total Read : 78
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The Power Of Habeas Corpus In America

Author by : Anthony Gregory
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 592
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Description : This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.


War Powers Resolution

Author by : Norine P Fitzsimmons
Languange : en
Publisher by : Unknown
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Description : "This paper's focus is the 1973 War Powers Resolution enacted by the US Congress in response to the escalation of the Vietnam War and bombings in Cambodia. The War Powers Resolution requires the president to consult with Congress "in every possible instance" before deploying the military in hostilities, to notify Congress of troop commitments within 48 hours of deployment and to end military action within 60 days unless Congress declares war or grants an extension to US armed forces. The division of power, but most notably shared powers, to determine United States foreign policy has created inherent conflicts. The Framers of the US Constitution under Article I, Section 8, gave Congress the sole power to "declare war" and under Article II, Section 2, made the President "Commander-in-Chief of the Army and Navy of the United States." The shared war-making powers between the executive and legislative branches have led to various disagreements over military authority. Presidents often cite Article II, Section 2 of the Constitution as their authority to send soldiers into combat. Throughout history presidents have asserted what has been termed 'presidential prerogative.' This prerogative reached its pinnacle when President Harry Truman, shielded within the United Nations Security Council, bypassed Congress to go to 'war' in Korea. Since this turning point, presidential war- making power has expanded. The enactment of the 1973 War Powers Resolution has done little to curb the executive branch instead it has created unintended consequences. This paper will explore the shared war-making powers within the executive and legislative branches, the progressive expansion of the presidential prerogative 'paradigm shift' since 1945, the War 4 Powers Resolution, and finally how the United States is grappling with war powers within the 21st century context."--Abstract.


Constitutional War Powers The Functional Relevance Of The War Powers Debate

Author by : Anonim
Languange : en
Publisher by : Unknown
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Description : The residence of Constitutional war powers has been defined by the functional execution of war powers, which has been almost entirely that of the executive, not by the interpretation of the original intent of the Framers of the Constitution. The debate on where the Constitutional authority to make war resides has revolved around three distinct interpretations of the Framers' original intent: the supremacy of the executive, the supremacy of the legislature, and the collective judgment of both in making war. The conclusion of World War II marked the last time that Congress formalized a relationship of hostility through a declaration of war. Since then, the introduction of U.S. Armed Forces into hostilities has been done entirely on the prerogatives of the executive. Every post-World War II President has entered U.S. Armed Forces into hostilities, often absent of Congressional participation and occasionally in direct contravention to Congressional desire. Each of these introductions of U.S. Armed Forces into hostilities furthered the war powers debate, which evolved to include the implication of U.S. participation in mutual security arrangements, such as the United Nations and NATO, and the success and resultant popularity of the military action in question. In an effort to protect its participation in war making decisions, Congress enacted legislation, first in the form of amendments to appropriations bills and later with the War Powers Act of 1973. This legislation, though, has had little effect on the functional supremacy of executive war powers. Each time that U.S. Armed Forces were introduced into hostilities following World War II, the Presidents all maintained their executive prerogative. As such, they defined through function that the decision to introduce U.S. Armed Forces into hostilities rests solely with the President, regardless of individual interpretations of the Framers' original intent.


Some Thoughts On The Constitution

Author by : Miscellaneous Pamphlet Collection (Library of Congress)
Languange : en
Publisher by : London : Printed for the author, and sold by W. Owen, publisher
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Total Read : 59
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Waging War

Author by : Great Britain. Department for Constitutional Affairs
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 111
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Description : The Royal prerogative derives from the constitutional settlement enshrined in the Bill of Rights 1688, and under such powers the Government can declare war and deploy armed forces to conflicts abroad without the consent of Parliament. However, given that the Government agreed to a parliamentary vote before the Iraq war in 2003, there have subsequently been widespread calls for the convention to be established that the Government should always seek Parliamentary approval before taking any action in future conflicts. This document sets out the Government's response to the Committee's report (HCP 236-I, session 2005-06; ISBN 0104851244) on the use of the Royal prerogative power in the deployment of armed force outside the UK and the role of Parliament in the decision-making process.


The War Powers Act Milestone Or Millstone

Author by : Anthony A. Movsesian
Languange : en
Publisher by : Unknown
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Description : This report considers whether the historic prerogative of the U.S. President to commit U.S. armed forces to hostilities outside the United States is detrimental to the nation's best interest and whether such action by the President is a proper and necessary exercise of his responsibilities as Chief Executive and Commander-in-Chief. An attempt to reverse the trend of executive prerogative is demonstrated by the War Powers Resolution of 1973. The 'Act' is examined to see whether it is more political than operational. Historical examples leading up to the Act are discussed. Committee hearings, judicial decisions, and views of proponents and opponents of limiting executive war powers were considered. Although the Act is intended to restore a balance between the war powers of the President and Congress, there is question as to its constitutionality. Perhaps more significantly, a literal application of the Act's provisions to the current world situation could be seriously detrimental to the U.S. vital interests.


Waging War

Author by : Great Britain: Parliament: House of Lords: Select Committee on the Constitution
Languange : en
Publisher by : The Stationery Office
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Total Download : 463
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Description : The Royal prerogative derives from the constitutional settlement enshrined in the Bill of Rights 1688, and under such powers the Government can declare war and deploy armed forces to conflicts abroad without the consent of Parliament. However, given that the Government agreed to a parliamentary vote before the Iraq war in 2003, there have subsequently been widespread calls for the convention to be established that the Government should always seek Parliamentary approval before taking any action in future conflicts. The Committee's report examines the alternatives to the use of the Royal prerogative power in the deployment of armed force, whether there should be a more direct role for Parliament and in particular whether Parliamentary approval should be required for any deployment of British forces outside the UK (whether or not into areas of conflict), or if there is a need for different approaches in different situations, for example in honouring commitments under international treaties or in pursuance of UN Security Council resolutions. The Committee concludes that the use of the Royal prerogative is outdated and recommends that a parliamentary convention be established to determine the role Parliament should play in making decisions to deploy force or forces outside the UK to war, intervention in an existing conflict or to environments where there is a risk that the forces will be engaged in conflict.


Discussing The Prerogative

Author by : William Eugene Thro
Languange : en
Publisher by : Unknown
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Presidential Defiance Of Unconstitutional Laws

Author by : Christopher N. May
Languange : en
Publisher by : Praeger
Format Available : PDF, ePub, Mobi
Total Read : 57
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Description : Explores the question of whether the president may refuse to comply with those laws that he believes are unconstitutional.


Public Law Text Cases And Materials 2e

Author by : Andrew Le Sueur
Languange : en
Publisher by : Oxford University Press
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Description : This dynamic text, cases, & materials book provides a thought-provoking guide to the public law of the UK. It sets out key institutions, legal principles, and conventions and its clear commentary draws on case studies and extracts from a range of sources to provide a full understanding of the law and the major theoretical and political debates.


The National Security Constitution

Author by : Paul F Scott
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 98
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Description : This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.


On The Errors And Mischiefs Of Modern Diplomacy

Author by : Henry Ottley
Languange : en
Publisher by : Forgotten Books
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Description : Excerpt from On the Errors and Mischiefs of Modern Diplomacy: As Based Upon the Assumed Prerogative of the Crown in Matters of Peace and War Does it not seem in the highest degree incon sistent, that a people who claim the right of axer cising, through their representatives, a summary judgment on all matters of domestic policy, from the regulation of the succession to the crown down to the merest parish road bill, should have no delibera tive authority in matters which concern the territorial and other material interests of the country, and its honour before the world -its very position as a great nation? Does it not seem in the last degree absurd, that the crown should have the barren privilege of declaring war, when it cannot put a soldier afoot, or a ship afloat, without the previous sanction of Parliament? Is it to be tolerated that the country, having made the necessary provisions for carrying On a war, having made heavy sacrifices for it in purse and person, should see it brought to a close by an igno minious or unmeaning Treaty of Peace, in which, mayhap, none of the objects with which the war was undertaken, are duly considered, at the mere will and pleasure of the Sovereign and his advisers for the time being, without the Opportunity of interposing a word of remonstrance, or even of suggestion or Opinion on the subject? An impartial judgment unfettered by party trammels, or the prejudices of routine, can only answer these propositions in the affirmative. And yet, whilst all other questions of administrative practice have been, and are habitually made the subject of jealous and painstaking scrutiny, there has, as yet, been no attempt at reform in a depart ment of Government which, it is no exaggeration to say, transcends all others in magnitude and import ance. In justification of the last portion of the above remarks, it may be observed that in matters of internal policy, and notably in the imposition of taxes, a false step on the part of the executive is immediately controllable by Parliament, and may be remedied before any ill consequences have occurred thus, a proposed tax on matches, for instance, was withdrawn, and the desiderated amount made up by imposing' an additional penny on the income tax; whereas an error in foreign policy, whether it be of war, or peace, or other diplomatic arrangement, involving, perhaps, thousands of lives, millions of treasure, or the dearest sovereign rights of the State, is irrevocable, and without remedy, until it has run its course. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.