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Book Chapter

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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.


Administrative Law | Constitutional Law | Law