Author: Michael Head
Publisher: Routledge
ISBN: 1351965565
Category : Business & Economics
Languages : en
Pages : 429
Book Description
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.
The Legal Power to Launch War
Author: Michael Head
Publisher: Routledge
ISBN: 1351965565
Category : Business & Economics
Languages : en
Pages : 429
Book Description
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.
Publisher: Routledge
ISBN: 1351965565
Category : Business & Economics
Languages : en
Pages : 429
Book Description
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.
The Powers of War and Peace
Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379
Book Description
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Publisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379
Book Description
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
On War
Author: Carl von Clausewitz
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
Book Description
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
Book Description
Presidential War Power
Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
Book Description
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
Book Description
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
War Powers Under the Constitution of the United States
Author: William Whiting
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 736
Book Description
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 736
Book Description
War Powers Under the Constitution of the United States
Author: William Whiting
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 374
Book Description
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 374
Book Description
The Law of Nations
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
Book Description
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
Book Description
To Start a War
Author: Robert Draper
Publisher: Penguin
ISBN: 0525561064
Category : Political Science
Languages : en
Pages : 497
Book Description
“Essential . . . one for the ages . . . a must read for all who care about presidential power.” —The Washington Post “Authoritative . . . The most comprehensive account yet of that smoldering wreck of foreign policy, one that haunts us today.” —LA Times One of BookPage's Best Books of 2020 To Start a War paints a vivid and indelible picture of a decision-making process that was fatally compromised by a combination of post-9/11 fear and paranoia, rank naïveté, craven groupthink, and a set of actors with idées fixes who gamed the process relentlessly. Everything was believed; nothing was true. Robert Draper’s fair-mindedness and deep understanding of the principal actors suffuse his account, as does a storytelling genius that is close to sorcery. There are no cheap shots here, which makes the ultimate conclusion all the more damning. In the spirit of Barbara W. Tuchman’s The Guns of August and Marc Bloch’s Strange Defeat, To Start A War will stand as the definitive account of a collective scurrying for evidence that would prove to be not just dubious but entirely false—evidence that was then used to justify a verdict that led to hundreds of thousands of deaths and a flood tide of chaos in the Middle East that shows no signs of ebbing.
Publisher: Penguin
ISBN: 0525561064
Category : Political Science
Languages : en
Pages : 497
Book Description
“Essential . . . one for the ages . . . a must read for all who care about presidential power.” —The Washington Post “Authoritative . . . The most comprehensive account yet of that smoldering wreck of foreign policy, one that haunts us today.” —LA Times One of BookPage's Best Books of 2020 To Start a War paints a vivid and indelible picture of a decision-making process that was fatally compromised by a combination of post-9/11 fear and paranoia, rank naïveté, craven groupthink, and a set of actors with idées fixes who gamed the process relentlessly. Everything was believed; nothing was true. Robert Draper’s fair-mindedness and deep understanding of the principal actors suffuse his account, as does a storytelling genius that is close to sorcery. There are no cheap shots here, which makes the ultimate conclusion all the more damning. In the spirit of Barbara W. Tuchman’s The Guns of August and Marc Bloch’s Strange Defeat, To Start A War will stand as the definitive account of a collective scurrying for evidence that would prove to be not just dubious but entirely false—evidence that was then used to justify a verdict that led to hundreds of thousands of deaths and a flood tide of chaos in the Middle East that shows no signs of ebbing.
The United States Department of Defense Law of War Manual
Author: Michael A. Newton
Publisher: Cambridge University Press
ISBN: 1316999734
Category : Law
Languages : en
Pages : 491
Book Description
The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
Publisher: Cambridge University Press
ISBN: 1316999734
Category : Law
Languages : en
Pages : 491
Book Description
The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
The Law of War
Author: William H. Boothby
Publisher: Cambridge University Press
ISBN: 1108427588
Category : History
Languages : en
Pages : 481
Book Description
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Publisher: Cambridge University Press
ISBN: 1108427588
Category : History
Languages : en
Pages : 481
Book Description
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.