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The War Prerogative: History, Reform, and Constitutional Design

Rosara Joseph

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

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 ... More


Introduction

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter provides an introduction for the work. It identifies the three key questions which the work addresses. First, what have writers on political and constitutional theory said about the ... More


Conclusions

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This concluding chapter summarises the answers to the three questions posed in chapter 1. On the first question, it concludes that there has been an ongoing assertion in political and theoretical ... More


A Method for Transplants

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0002
Subject:
Law, Comparative Law, Legal History

The traditional insignificance of the distinction between public and private law in England is particularly evident in the intertwined history of public and private law liability, and the ... More


The Separation of Powers

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0007
Subject:
Law, Comparative Law, Legal History

Contradictory institutional demands for both judicial independence and expertise in administrative disputes are related to theoretical and everyday requirements of objectivity and subjectivity. This ... More


The Dual State: A Contribution to the Theory of Dictatorship

Ernst Fraenkel and Jens Meierhenrich

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198716204
eISBN:
9780191784378
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716204.001.0001
Subject:
Law, Legal History, Comparative Law

This text, first published in 1941, provides a comprehensive analysis of the rise and nature of National-Socialism, and is the only such analysis written from within Hitler’s Germany. Its central ... More


Theoretical and Political Discourses: The War and Foreign Policy Powers

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

Part II of this chapter outlines the general objectives and methodology of the legal historical analysis. Part III addresses the first of my focuses: an analysis of the theoretical and political ... More


The War Prerogative in Practice

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0003
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter examines the war prerogative in practice from 1620 - 2012. It focuses on how the House of Commons and the executive have interacted in the exercise and scrutiny of the war prerogative. ... More


Judicial Treatment of the War Prerogative

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0004
Subject:
Law, Constitutional and Administrative Law, Legal History

An unbroken line of judicial authority affirms that the Crown possesses exclusive power over the making of war and the deployment of the armed forces and that the courts cannot or will not interfere ... More


Institutional Mechanisms

Rosara Joseph

in The War Prerogative: History, Reform, and Constitutional Design

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664320
eISBN:
9780191748493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664320.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

The proposals detailed in chapter 6 recommend reform of the institutions and processes involved in the exercise of the war prerogative. In particular, it proposes a substantive role for Parliament, ... More


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