A Global Comparative Study of the Constitutional Statutes of Deciding and Declaring War

摘要

The powers to decide and declare are basic constitutional instrument to control over war. Such provisions can be found in a large number of constitutions in force. By analyzing of 185 codified constitutions and 6 uncodified constitutions, the paper found that 128 constitutions have the clauses about decision or declaration of war. The paper tried to build three basic models to describe the relationship between the power of deciding war and the power of declaring war: Collective Decision and Declaration Model, Collective Decision and Single Person Declaration Model, Single Person Decision and Declaration Model. Meanwhile, 150 (78.53% of 191) constitutions vest a single person the command In chief of armed forces. Some of them just have very limited restrictions on powers of the command. However, only 108 (56.54% of 191) constitutions vest the legislative body the power of deciding war. Nearly half of all nations' war power haven't been controlled by their constitutions.