Legal Power to Launch War - Who Decides?

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 US, its allies, Russia, and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the US, UK, and Australia.

List of contents

Preface; Introduction: What is at stake?; 1: War and democracy; 2: Vietnam, Iraq and the 'war on terror': Deception, war propaganda and legislative approval; 3: Increasingly unrestrained war powers in the United States: from Truman to Trump; 4: Britain's royal war prerogative reasserted and reinforced; 5: From Whitehall to the White House: The war power in Australia-from legal subordination to political subservience; 6: The failure of reform proposals: An Australian case study; 7: War and dissent: sweeping domestic powers; 8: Contemporary preparations for wartime measures; 9: Martial law, official lawlessness and judicial complicity; 10: Can international law stop wars of aggression?; 11: Would referenda provide any alternative?; 12: Conclusions; Index

About the author

Michael Head is a professor of law at Western Sydney University, Australia.
Kristian Boehringer is a senior lecturer in business law at Torrens University, Australia.

Product details

• Authors: Kristian Boehringer, Michael Head, Michael (Western Sydney University Head, Head Michael
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Hardback
• Released: 05.12.2018
• EAN: 9781138292086
• ISBN: 978-1-138-29208-6
• No. of pages: 336
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / General, BUSINESS & ECONOMICS / Strategic Planning, LAW / International, LAW / Public, POLITICAL SCIENCE / American Government / Legislative Branch, LAW / Comparative, HISTORY / Military / Strategy, International Relations, Public International Law, Peace studies and conflict resolution, comparative law, Peace studies & conflict resolution, Constitutional & administrative law, Constitutional and administrative law: general, HISTORY / Wars & Conflicts / General