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Civil authority and military power : soldiers and English law 1628-1832
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Florence : European University Institute, 1998
EUI; LAW; PhD Thesis
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SKINNER, Stephen, Civil authority and military power : soldiers and English law 1628-1832, Florence : European University Institute, 1998, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/4786
Abstract
In England, the reigning monarch is the nominal head of the armed forces and receives their oaths of allegiance, while the real power of supply and command rests with the Prime Minister and his or her Cabinet, subject to the controls of Parliament. This distribution of authority is recognised and reinforced by the accumulated tenets of British constitutional law and practice. However, until the beginning of the seventeenth century, the control of the armed forces rested on the whim of the monarch alone and the law was a disparate collection of customs and principles with little or no constitutional authority. From the early seventeenth century, the beginnings of fundamental changes in the distribution of authority over the armed forces can be traced, together with the increasing reliance on the common law as the source of authority for the constitution, or arrangement of acceptable customs, powers and duties for the government of the realm. This rise of the common law is both instrumental in the changes in military command, and fundamentally connected with the role of military power within the realm.
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Defence date: 25 March 1998
Supervisor: Luis María Díez-Picazo ; Jury member: J. Brewer
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Supervisor: Luis María Díez-Picazo ; Jury member: J. Brewer
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017