The War Prerogative
DOWNLOAD
Download The War Prerogative PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The War Prerogative book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The War Prerogative
DOWNLOAD
Author : Rosara Joseph
language : en
Publisher: OUP Oxford
Release Date : 2013-09-26
The War Prerogative written by Rosara Joseph and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
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.
War Press Freedom
DOWNLOAD
Author : Jeffery Alan Smith
language : en
Publisher: Oxford University Press
Release Date : 1999
War Press Freedom written by Jeffery Alan Smith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Freedom of the press categories.
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.
Britain S War Powers
DOWNLOAD
Author : Tara McCormack
language : en
Publisher: Springer
Release Date : 2019-05-04
Britain S War Powers written by Tara McCormack and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-04 with Political Science categories.
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.
War And Press Freedom
DOWNLOAD
Author : Jeffery Alan Smith
language : en
Publisher:
Release Date : 2023
War And Press Freedom written by Jeffery Alan Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Freedom of the press categories.
The Legal Power To Launch War
DOWNLOAD
Author : Michael Head
language : en
Publisher: Routledge
Release Date : 2018-12-06
The Legal Power To Launch War written by Michael Head and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-06 with Law categories.
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.
War And Press Freedom
DOWNLOAD
Author : Jeffery A. Smith
language : en
Publisher: Oxford University Press on Demand
Release Date : 1999-02-25
War And Press Freedom written by Jeffery A. Smith and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-02-25 with Language Arts & Disciplines categories.
7. The long, cold war.
Who Takes Britain To War
DOWNLOAD
Author : James Gray
language : en
Publisher: The History Press
Release Date : 2014-09-01
Who Takes Britain To War written by James Gray and has been published by The History Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with History categories.
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.
Britain S War Powers
DOWNLOAD
Author : Tara McCormack
language : en
Publisher:
Release Date : 2019
Britain S War Powers written by Tara McCormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Great Britain-Politics and gover categories.
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. Tara McCormack is Lecturer in International Politics at the University of Leicester, UK.--
The War Prerogative
DOWNLOAD
Author : Rosara Joseph
language : en
Publisher: Oxford University Press
Release Date : 2013-09-26
The War Prerogative written by Rosara Joseph and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
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.
Parliament S Secret War
DOWNLOAD
Author : Veronika Fikfak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
Parliament S Secret War written by Veronika Fikfak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
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.