Civil-military 'legal' relations. Where to from here? The civilian courts and the military in the United Kingdom, United States and Australia / Pauline Therese Collins.

Format:

Book

Author/Creator:

Collins, Pauline Therese.

Series:

International Humanitarian Law Series 51.

International Humanitarian Law Series ; 51

Language:

English

Subjects (All):

Civil-military relations--Great Britain.

Civil-military relations.

Civil-military relations--Australia.

Civil-military relations--United States.

Physical Description:

1 online resource (405 pages).

Place of Publication:

Leiden : Koninklijke Brill NV, 2018.

Summary:

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.

Contents:

Preliminary Material

Civil–Military ‘Legal’ Control

Civil–Military ‘Power’ Relations

The United Kingdom

Discipline of Soldiers for Actions in an Occupation Zone

US Institutions of Government

Civilians in Combat

Australian Civil–Military Relations

Can Soldiers Ever be Civilians?

The ‘Legal’ in Civil–Military Power Relations

Bibliography

Index.

ISBN:

90-04-33825-X

OCLC:

1026232949

Publisher Number:

10.1163/9789004338258 DOI