Download or read book The War Prerogative written by Rosara Joseph and published by OUP Oxford. This book was released on 2013-09-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the evolution of the war prerogative in England from 1600-2012. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, it is shown that orthodox theoretical and political discourses have continuously asserted the executive's exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, it is found that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, it is argued that reform of the constitutional arrangements for the war prerogative is necessary and desirable. The use of 'institutional mechanisms' is recommended, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, the enactment of a statute is proposed, which would impose conditions on the executive's exercise of its war prerogative. It is argued that these proposals show that, through careful institutional design, democratic values, national security, and operational efficiency can each be reconciled and promoted.
Download or read book War Press Freedom written by Jeffery Alan Smith and published by Oxford University Press. This book was released on 1999 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Britain s War Powers written by Tara McCormack and published by Springer. This book was released on 2019-05-04 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The War Prerogative written by Rosara Joseph and published by OUP Oxford. This book was released on 2013-09-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Legal Power to Launch War written by Michael Head and published by Routledge. This book was released on 2018-12-07 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The War Prerogative written by Rosara Joseph and published by Oxford University Press, USA. This book was released on 2013-09-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Politics of War Powers written by Sarah Burns and published by University Press of Kansas. This book was released on 2019-11-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War and Press Freedom written by Jeffery Alan Smith and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Presidential War Powers and the Theory of Prerogative written by Preston August Marx and published by . This book was released on 1990 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book War Powers of the President and Congress written by W. Taylor Reveley and published by Charlottesville : University Press of Virginia. This book was released on 1981 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War and Press Freedom written by Jeffery A. Smith and published by Oxford University Press on Demand. This book was released on 1999-02-25 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 7. The long, cold war.
Download or read book Constitutional War Powers The Functional Relevance of the War Powers Debate written by and published by . This book was released on 2005 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Parliament s Secret War written by Veronika Fikfak and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War States and International Order written by Claire Vergerio and published by Cambridge University Press. This book was released on 2022-08-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
