The civil courts' challenge to military justice and its impact on the civil-military relationship

Collins, Pauline (2011) The civil courts' challenge to military justice and its impact on the civil-military relationship. In: APCML 2011: Military Justice in the Modern Age , 4-5 Nov 2011, Melbourne, Australia. (Unpublished)

Abstract

What role do the courts play in the theory of the civil-military relationship? Commonly analysis of this relationship tends to overlook the legal institutional framework within which the military is located, and the transformations that are occurring to the institutions within this framework. Findlay v The United Kingdom (1997) and subsequent similar cases concerning human rights appear to have contributed to a wave of reform to military discipline legislation in recent times in Western states such as Canada, New Zealand and Australia. The case of Al-Skeini with its long and difficult journey through trials and public inquiries to a final determination in the Grand Chamber of the ECtHR on July 7, 2011 provides a demonstration of the role the civilian courts are playing in what was once seen as a purely political and military domain. This change is one that challenges the evolving civil-military relationship as previously accepted, demanding a re-evaluation of civil-military relations theory that acknowledges the role of the courts.


Statistics for USQ ePrint 20575
Statistics for this ePrint Item
Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Speech)
Refereed: Yes
Item Status: Live Archive
Depositing User: Ms Pauline Collins
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 04 Jul 2012 05:54
Last Modified: 25 Sep 2014 04:34
Uncontrolled Keywords: civil-military relations; civilian courts
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Socio-Economic Objective (SEO2008): A Defence > 81 Defence > 8101 Defence > 810199 Defence not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/20575

Actions (login required)

View Item Archive Repository Staff Only