چکیده:
Governments have always sought to ensure and guarantee their national security by enacting specific laws and regulations. In this regard, the United States has attempted to derive the greatest benefit from the connection between law and security and to manage its national security affairs. This research uses a descriptive-analytical method to examine the elements and pillars constituting U.S. national security law in order to explain its effects and consequences. By referring to scientific texts and sources, while analyzing various dimensions of U.S. national security law, it presents them in the form of four elements: the fundamental principles included in the Constitution, national security policymaking, national security institutions, and laws related to national security. It has reached the conclusion that the existence of a harmonious and continuous connection among the aforementioned elements can manifest in various strategic-security documents.
خلاصه ماشینی:
By referring to scientific texts and sources, while analyzing the various dimensions of America's national security law, it has presented it within the framework of four elements: fundamental principles included in the constitution, national security policymaking, national security institutions, and laws related to national security.
The United States is among the countries where national security law possesses greater antiquity, and its first manifestations can be observed in the passage of the National Security Act of 1947, as well as the formation of security institutions and the formulation of strategies.
In another definition, it is stated: National security law classifies and connects the practical relationship and functional role of various legal institutions that are separate in the administration of government (Woods, 2005: 38).
To create, manage, and continue the life of security institutions and formations, governments have an urgent need for the existence of laws, because their important arrangements, relationships, formations, and duties (Islami, 2005: 286) are determined by laws; moreover, the declaration of war and peace, the declaration of a state of emergency, the declaration of general mobilization or restoration of status, the command of the armed forces, the conclusion of international treaties including peace treaties, agreement to any territorial changes, and issues of this kind are among the most important defense and security decisions whose related competencies are specified in the constitutions.