In the current issue of Seminar, Sudhir Krishnaswamy and I reflect on the relationship between military power and the Constitution through studying the Supreme Court’s examination of the constitutionality of the Armed Forces (Special Powers) Act 1958. The paper is available here.
Those interested in the relationship between military power and constitutional design should look out for Bruce Ackerman’s forthcoming book ‘The Decline and Fall of the American Republic’ (based on his 2010 Tanner Lectures) which has a wonderful chapter that explores this often ignored issue.