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.