Document Type
Book Chapter
Publication Date
2016
DOI
https://doi.org/10.1093/acprof:oso/9780190492847.002.0040
Abstract
In every state of which the international system is composed, the constitution is necessarily involved in the making and execution of the state’s strategy. The nature of that involvement is one dimension by which we determine the character of a particular state. The subordination of the professional military to elected representatives of the state; the making of legal regulations governing land and naval forces by the lawmaking body; the fashioning of rules of engagement by an elected executive; and above all, the parliamentary control of the decision to go to war that characterize states of consent — which in the twentieth and twenty- first centuries for the most part meant the constitutional democracies. At present, however, a combination of many historic factors is leading us to a moment of crisis in the relationship between law and strategy, and that crisis cannot be avoided by those democracies.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Philip C. Bobbitt,
Foreword,
Targeting Americans: The Constitutionality of the U.S. Drone War, H. Jefferson Powell, Oxford University Press
(2016).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4243