Civil-Military 'Legal' Relations: Where to from Here? PDF Download

Author: Pauline Therese Collins
Publisher: BRILL
ISBN: 900433825X
Category : Law
Languages : en
Pages : 405

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Book Description
This book investigates the place of civilian courts in civil-military theory and their impact on the civil-military relationship in three western liberal democracies. It challenges the evolving civil-military relationship, demanding a re-evaluation of the theory to incorporate the courts.

Author: James B. Jacobs
Publisher: Transaction Publishers
ISBN: 9780887380334
Category : Law
Languages : en
Pages : 190

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Book Description

Author: White, Nigel D.
Publisher: Edward Elgar Publishing
ISBN: 1789902800
Category : Law
Languages : en
Pages : 392

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Book Description
While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.

Author: Pauline Therese Collins
Publisher: Martinus Nijhoff Publishers
ISBN: 9004468129
Category : Law
Languages : en
Pages : 447

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Book Description
This book details the position in 13 countries on calling out the military in the domestic domain. A historical context along with the current position and practice is provided.

Author: Pauline Collins
Publisher: Rowman & Littlefield
ISBN: 1498557058
Category : Law
Languages : en
Pages : 341

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Book Description
The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.

Author: Brett J. Kyle
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244

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Book Description
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--

Author: Louise Stanton
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 258

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Book Description
This book examines how U.S. domestic institutions stand up to global threats and whether intelligence sharing across military and civilian law enforcement barriers is legal. The U.S. Constitution is designed to distribute power in order to prevent its concentration, and in particular, it draws clear lines between the responsibilities of the military and those of civilian law enforcement. But the new global threat paradigm, requiring responses both abroad and at home, calls out for military and civilian intelligence gathering to work in tandem. The Civil-Military Divide: Obstacles to the Integration of Intelligence in the United States looks at historic and legal ramifications of such efforts. Louise Stanton's thought-provoking work sums up the current state of U.S. intelligence gathering at all levels of government. It then looks at the range of recommendations for overhauling our intelligence efforts in the context of the U.S. Constitution to assess what may or may not be constitutionally supportable. At issue are three long-established, often reaffirmed principles: the separation of powers, the federalist system that gives the U.S. government precedence over states, and the separation of the civilian and military sectors.

Author: Daniel Maurer
Publisher: Springer
ISBN: 3319535269
Category : Political Science
Languages : en
Pages : 227

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Book Description
This book develops a responsible and practical method for evaluating the success, failure, or “crisis” of American civil-military relations among its political and uniformed elite. The author’s premise is that currently there is no objectively fair way for the public at large or the strategic-level elites to assess whether the critical and often obscured relationships between Generals, Admirals, and Statesmen function as they ought to under the US constitutional system. By treating these relationships—in form and practice—as part of a wider principal (civilian)-agency (military) dynamic, the book tracks the “duties”—care, competence, diligence, confidentiality, scope of responsibility—and perceived shortcomings in the interactions between US civilian political authorities and their military advisors in both peacetime and in war.

Author: Yehuda Ben-Meir
Publisher: Columbia University Press
ISBN: 9780231096843
Category : History
Languages : en
Pages : 276

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Book Description
In Civil-Military Relations in Israel, Yehuda Ben Meir examines the reasons preventing Israel from becoming a "garrison state". A former deputy minister for foreign affairs and longtime member and analyst of the Israeli political scene, Ben Meir is uniquely qualified to give a behind-the-scenes picture of the intimate relationship between Israel's civilian and military leaders. Civil-Military Relations in Israel examines the changing face of the military over the years from an idealistic defense force to a professional army. Ben Meir also views the great divisiveness in Israeli politics as a threat to the unified strength of purpose that in the past characterized the nation's civil authority, and he examines present and future threats to continued civilian control of the military. The book also delves into the legal and constitutional foundations of Israel's civil-military relations, providing a valuable perspective on the organization and role of the current defense establishment, as well as the informal relationship between the key players in the system. In addition, Ben Meir pinpoints the areas in which the military is involved in key political decision making. Despite continuing efforts to resolve the pattern of violence and conflict in the Middle East, the long-standing hostility between Arab and Jew in the region is unlikely to disappear in the near future. And as long as such animosity lingers, Israel's military will remain a strong force in Israeli politics.

Author: Susan L. Kemp
Publisher: Springer Nature
ISBN: 3030141136
Category : Political Science
Languages : en
Pages : 488

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Book Description
This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the ‘Age of Accountability.’ However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK’s legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.