The war prerogative : history, reform, and constitutional design / Rosara Joseph.

Format:

Book

Author/Creator:

Joseph, Rosara, 1982-

Language:

English

Subjects (All):

Military law--Great Britain.

Military law.

War and emergency powers--Great Britain--History.

War and emergency powers.

Great Britain.

Physical Description:

1 online resource (526 p.)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2014.

Language Note:

English

Summary:

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, inpractice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or hav

Contents:

Cover; Title Page; Copyright Page; Preface; Contents; Table of Cases; Table of Statutes, Bills, and International Instruments; 1 Introduction; Part I Introduction; Part II Historical Analysis: Objectives and Methodology; Part III The Executive and the War and Foreign Policy Powers; Part IV Conclusion; 2 Theoretical and Political Discourses: The War and Foreign Policy Powers; Part I Introduction; Part II An Extraordinary Historical Period; Part III Interactions; Part IV Conclusion; 3 The War Prerogative in Practice; Part I Introduction; Part II The War Prerogative: Existence and Scope

Part III Jurisdiction and JusticiabilityPart IV Review on Established Grounds; Part V The War Prerogative and Individual Rights; Part VI Liability in Tort; Part VII Conclusion; 4 Judicial Treatment of the War Prerogative; Part I Introduction; Part II Institutional Design; Part III Application; Part IV Conclusion; 5 Institutional Mechanisms; Part I Introduction; Part II Parliamentary Access to Information; Part III Detail of the Proposed Legislation; Part IV Role of the Courts; Part V Conclusion; 6 Reform; 7 Conclusions; Bibliography; Index; Footnotes; ch01fn; ch02fn; ch03fn; ch04fn; ch05fn

ch06fn

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 221-239) and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174849-8

0-19-164128-6

0-19-164127-8

OCLC:

865508404