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The Legal Power to Launch War - Who Decides? (Paperback)
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The Legal Power to Launch War - Who Decides? (Paperback)
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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.
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