Parliamentary War Powers: The Constitutional Framework of Military Deployment Decisions in Germany

Forthcoming in: R Grote, R Wolfrum and F Lachenmann (eds) Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL), Oxford University Press

University of Leicester School of Law Research Paper No. 17-06

14 Pages Posted: 16 Jun 2017

Date Written: June 16, 2017

Abstract

In the 1994 AWACS I decision the FCC held for the first time that parliamentary consent to military deployment decision was required, later codified in a statute and leading to a frequent constitutional practice. The article reviews the 1994 judgment in its constitutional context and in the light of the evolution in subsequent decisions of the Federal Constitutional Court, most recently on the Libya rescue intervention (judgment of September 2015).

Keywords: War Powers, Military Deployments and Parliament, Rule of Law, 'Essential Question' Doctrine, Constitutionality of Military Deployment, Parliaments and Foreign Affairs

Suggested Citation

Ziegler, Katja S., Parliamentary War Powers: The Constitutional Framework of Military Deployment Decisions in Germany (June 16, 2017). Forthcoming in: R Grote, R Wolfrum and F Lachenmann (eds) Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL), Oxford University Press; University of Leicester School of Law Research Paper No. 17-06. Available at SSRN: https://ssrn.com/abstract=2987934

Katja S. Ziegler (Contact Author)

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
29
Abstract Views
140
PlumX Metrics