宪法中的战争权

人民主权理论决定了战争决定权应由议会行使。战争宣布权一般属于国家元首。战争指挥权由最高行政长官掌握,是军事统帅权而不是军事统率权。战争执行权主要属于政府及其有关部门。最高军令权和军政权属于总统或首相;此外的军令权属于军官,军政权属于文官,在许多国家二者统属于国防部。在战争的决定权、宣布权、指挥权和执行权中,战争的决定权和指挥权（以及彼此的关系）是最重要的,也是宪法重点规范的对象。

Powers of War in Context of Constitution

The power to decide whether to initiate is vested into a parliament in accordance with the doctrine of people’s sovereignty while the power to proclaim a war into the head of the state, the highest commanding power into the chief executor. The commanding power is not to be misunderstood for the commander-in-chief power. The executive power of war is given to the government and relative organs. The highest instruction power and the discipline power are conferred into either the president or the prime minister, while the residual instruction power into the commanders and the discipline power into the civil servants. However, in many countries both the two powers are conferred into the ministry of defense. Among all the powers the decision power and the commanding power （the relationship between the two powers） is most important. And it is also the foremost things to be regulated by the Constitution.