Your coupon has been activated.
Coupon Activated

The War Prerogative: History, Reform, and Constitutional Design (Hardcover)

Today: $114.85
Out of stock

Club O Gold Members Earn

$5.74 | 5% Rewards*

Rewards

SILVER

FREE

2% Rewards

Keep shopping on Overstock

Exclusive Offers

Straight to your inbox

5% Dining Rewards

Get paid to go out tonight

GOLD

$19.95/yr.

5% Rewards

Earn even faster

Exclusive Offers

Straight to your inbox

5% Dining Rewards

Get paid to go out tonight

Free Shipping

Never pay extra

Exclusive Rewards

Save big-- up to 40%

    Notify me when it is back in stock!

    Enter your email address, we will notify you if it comes back in stock.

Love this item?

Save it to a list so you can find it anytime!


Oops,

something went wrong.

Please refresh the page and try again.


Details

ITEM#: 15356141


Rosara Joseph holds an LLB (Hons) and a BA from the University of Canterbury, New Zealand, and a BCL and D.Phil from the University of Oxford, where she was a Rhodes Scholar. She has previously worked as a Judge's clerk for the President of the New Zealand Court of Appeal, and has represented New Zealand at the Olympic Games, Commonwealth Games, and World Championships in cycling.
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 arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organize our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny?

On the first question, it is shown that orthodox theoretical and political discourses have continuously asserted the executive's exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, it is found that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, it is argued that reform of the constitutional arrangements for the war prerogative is necessary and desirable. The use of 'institutional mechanisms' is recommended, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, the enactment of a statute is proposed, which would impose conditions on the executive's exercise of its war prerogative. It is argued that these proposals show that, through careful institutional design, democratic values, national security, and operational efficiency can each be reconciled and promoted.

Specs

ISBN 9780199664320
Genre LAW / Constitutional
Format Hardcover
Pages 242
Publisher Date 2013-12-15 00:00:00.0
Publisher Oxford Univ Pr
Copyright Year 2013
Height 9.25 in
Wdth 6.25 in
Thickness 1.0 in
Unit weight 1.2 lb
Language English
Subtitle History, Reform, and Constitutional Design
Audience College/higher education
Authors Joseph, Rosara
Country of Origin United States

Product Reviews

Questions & Answers

Yay! Be the first to ask a question about this product.

Shopping Tips & Inspiration

Shipping & Returns

This product is not yet released, and is expected to ship on Dec. 15, 2013.

This date is subject to change. In order to assure you receive Overstock.com's low price on this item, your credit card will be charged upon order placement. The item will ship immediately upon release.

Standard Return Policy:

Items must be returned in new or unused condition and contain all original materials included with the shipment. More Details

FINAL SALE EXCLUSION: Items marked as FINAL SALE are not returnable unless the problem you experience is the result of our error.

For your protection, all orders are screened for security purposes. If your order is selected for review, our Loss Prevention Team may contact you by phone or email. There may be a two business day delay to process your order.

** Most Oversize orders are delivered within 1-4 weeks. Some orders may take 6 weeks to be delivered.