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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


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


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


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


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


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


Reform

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/9780199664320.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter outlines my proposals for reform of the constitutional arrangements for the war prerogative. It proposes the enactment of a statute which would: require the government to obtain in the ... 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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