Preface |
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v | |
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1 Parliament's Secret War |
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1 | (24) |
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A The Role of the House of Commons in War Powers Decisions An Historical View |
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4 | (5) |
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I The Adjournment Motion: Procedural Marginalisation and Public Deception |
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4 | (2) |
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II Debate and Vote on a Substantive Motion: Empowering the House of Commons |
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6 | (3) |
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B From Discretion to Democratisation |
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9 | (8) |
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I The Recognition of the War Powers Convention and the Values of Parliamentary Involvement |
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9 | (3) |
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12 | (1) |
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13 | (1) |
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14 | (1) |
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II Towards Balanced Political Deliberation |
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15 | (2) |
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17 | (4) |
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D Methodology: The Political Constitution and Evidence-Based Public Law |
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21 | (4) |
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25 | (42) |
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A Use of Force as an International Legal Question |
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29 | (10) |
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I The Prominent Position of the Security Council |
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29 | (4) |
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II Securing International Authorisation for Action Under Article 42 of the UN Charter |
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33 | (1) |
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a Three Conflicts---Korea, the Gulf War, and Libya |
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33 | (1) |
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b Wide International Consensus as Priority |
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34 | (2) |
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c An `International' Military Action |
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36 | (3) |
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B Bringing the War Question Home |
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39 | (5) |
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I Playing Both Sides---the Self-Defence Argument at Home and Internationally |
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39 | (1) |
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40 | (1) |
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41 | (3) |
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C Use of Force as a Domestic Question |
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44 | (12) |
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I Reducing the Importance of International Institutions |
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44 | (3) |
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II Using Parliament to Compensate for the Lack of an International Basis |
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47 | (1) |
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48 | (4) |
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b Humanitarian Interventions---Kosovo 1999 and Syria 2013 |
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52 | (4) |
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D The Implications of Linking International Legality to Parliament's Constitutional Role on War |
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56 | (8) |
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I Turning a Political Discourse into a Legal Discourse |
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56 | (2) |
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58 | (6) |
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E Shining a Light on the Subjugation of Politics |
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64 | (3) |
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3 The Convention as a Battlefield |
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67 | (38) |
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A The Role of Conventions in the UK Constitutional Sphere |
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72 | (5) |
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I The Flexibility of Constitutional Conventions |
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72 | (2) |
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II The Importance of the Cabinet Manual |
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74 | (3) |
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B The Timing of the Engagement |
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77 | (13) |
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I The Importance of Prior Engagement |
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77 | (2) |
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II Compromising on Timing |
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79 | (4) |
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a The Rally Behind the Crown Effect |
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83 | (2) |
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b The Narrow Application of the Convention |
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85 | (5) |
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C Parliament's Hollow Veto Power |
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90 | (5) |
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D Emergencies, Drones and Special Forces |
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95 | (5) |
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E Unrealised Accountability |
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100 | (5) |
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4 The Deployment of Secrecy |
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105 | (32) |
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A Groupthink and Information Asymmetry |
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107 | (3) |
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B Complete Asymmetry: Refusing Debates and Making Secret Pre-commitments |
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110 | (5) |
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I Justifying Secrecy: Protecting Classified Information |
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110 | (2) |
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II Secret Arrangements and Pre-commitments |
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112 | (3) |
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C Partial Asymmetry: Selective Disclosures |
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115 | (10) |
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I Sharing Information on `Privy Council Terms' |
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116 | (2) |
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II Selective Disclosure of Intelligence in Parliamentary Debates |
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118 | (7) |
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D Reforming the Intelligence Machinery: An Incomplete Solution |
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125 | (9) |
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E Towards a New Nomenclature of Secrecy |
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134 | (3) |
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5 Re-arming Parliament: Fostering Politics |
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137 | (50) |
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A Moving Beyond the Standard Solutions |
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138 | (8) |
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I Reform Proposals to Date |
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138 | (3) |
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II Issues Common to Both Proposals |
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141 | (1) |
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III Parliamentary Resolution: Specific Issues |
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142 | (1) |
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IV War Powers Act: Specific Issues |
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142 | (4) |
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B Creating Space for Politics and Equipping Parliament for Deliberation |
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146 | (28) |
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I The Security Council and the House of Commons: Different Institutions, Different Roles |
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148 | (4) |
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II The Parliamentary Role on Questions of Legality |
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152 | (1) |
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a Distinguishing Domestic and International Legality |
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152 | (2) |
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b The Uncertainty of International Law and its Implications |
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154 | (6) |
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III Creating a Culture of Challenge: Interventions as Wars of Choice |
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160 | (1) |
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a From False Certainty to Distinguishing Legality and Legitimacy |
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160 | (3) |
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b From False Dichotomies to Wars of Choice |
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163 | (7) |
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IV An Informed Parliament |
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170 | (4) |
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C Voting Within a Culture of Justification |
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174 | (13) |
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I The Competing Demands of Representation on Parliamentarians |
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175 | (4) |
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II Armed Conflict Votes as Votes of Conscience |
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179 | (2) |
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III Realising a Culture of Justification |
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181 | (6) |
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6 Closed Intelligence Sessions |
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187 | (44) |
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A Chilcot's Proposal for Parliamentary Scrutiny of Intelligence Material |
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190 | (3) |
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B The Alternative: Closed Intelligence Sessions of the Whole House of Commons |
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193 | (8) |
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C Justifications for Initiating a Closed Intelligence Session |
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201 | (15) |
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I The Westminster Parliament During Wartime |
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202 | (6) |
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II The United States' Congress |
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208 | (5) |
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III The European Parliament |
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213 | (3) |
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D Controlling Abuse of Closed Intelligence Sessions |
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216 | (6) |
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I The Westminster Parliament During Wartime |
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216 | (3) |
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II United States' Congress |
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219 | (1) |
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III The European Parliament |
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220 | (1) |
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IV The Moral Limits of Secrecy in a Legislature |
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221 | (1) |
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E Security Considerations |
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222 | (6) |
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F Inclusive Secrecy, Transparency, Participation and Accountability |
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228 | (3) |
Conclusion |
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231 | (8) |
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Bibliography |
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239 | (8) |
Index |
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247 | |