Civil-military 'legal' relations: where to from here? The Civilian Courts and the military in the United Kingdom, United States and Australia

Collins, Pauline Therese (2018) Civil-military 'legal' relations: where to from here? The Civilian Courts and the military in the United Kingdom, United States and Australia. International Humanitarian Law Series , 51. Brill - Nijhoff, Leiden, The Netherlands. ISBN 978-90-04-33824-1

Abstract

Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight.


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Item Type: Book (Commonwealth Reporting Category A)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 13 Aug 2018 02:03
Last Modified: 07 Feb 2019 04:39
Uncontrolled Keywords: civil-military relations, military, civilian courts, private military contractors, discipline, international human rights law; international humanitarian law
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objective: A Defence > 81 Defence > 8101 Defence > 810199 Defence not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/33981

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