Military Courts, Civil-Military Relations, and the Legal Battle for Democracy PDF Download
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Author: Brett J. Kyle
Publisher: Routledge
ISBN: 042967094X
Category : Law
Languages : en
Pages : 267
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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 justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
Author: Brett J. Kyle
Publisher: Routledge
ISBN: 042967094X
Category : Law
Languages : en
Pages : 267
Get Book Here
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 justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
Author: Pauline Therese Collins
Publisher: BRILL
ISBN: 900433825X
Category : Law
Languages : en
Pages : 405
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Book Description
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.
Author:
Publisher: DIANE Publishing
ISBN: 1428967621
Category :
Languages : en
Pages : 33
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Book Description
Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
ISBN: 1107079780
Category : History
Languages : en
Pages : 255
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Book Description
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Author: Peter D. Feaver
Publisher: Princeton University Press
ISBN: 0691124272
Category : History
Languages : en
Pages : 267
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Book Description
America's debate over whether and how to invade Iraq clustered into civilian versus military camps. Top military officials appeared reluctant to use force, the most hawkish voices in government were civilians who had not served in uniform, and everyone was worried that the American public would not tolerate casualties in war. This book shows that this civilian-military argument--which has characterized earlier debates over Bosnia, Somalia, and Kosovo--is typical, not exceptional. Indeed, the underlying pattern has shaped U.S. foreign policy at least since 1816. The new afterword by Peter Feaver and Christopher Gelpi traces these themes through the first two years of the current Iraq war, showing how civil-military debates and concerns about sensitivity to casualties continue to shape American foreign policy in profound ways.
Author: Rudolph C. Barnes
Publisher: Routledge
ISBN: 9780714646244
Category : History
Languages : en
Pages : 199
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Book Description
Military legitimacy concerns the delicate balance between might and right. It begins with the law - operational law (OPLAW) and the law of war (LAW) - but it goes beyond the law to its moral underpinnings. Moral and cultural standards in the area of operations must be respected to ensure legitimacy. Personal and national values provide the framework for military decision making. The potential conflict between civilian and military perceptions of these values represents a continuing threat to military legitimacy because, in a democracy, public support is both a requirement and a measure of such legitimacy. This book provides an overview of the concept of legitimacy as it applies to military operations, especially in peacetime. It is argued that legitimacy was hardly an issue during the Cold War as it was defined in terms of combatting the Soviet threat. With the disintegration of the Soviet Union, and diminishing defence resources, there must be a new under-standing of military legitimacy and its relationship to new strategies. The diplomat-warrior personifies legitimacy in peacetime and is an effective means of filling the gap between the limits of diplomacy and conventional military operations.
Author: Angel Rabasa
Publisher: Rand Corporation
ISBN: 0833034022
Category : Political Science
Languages : en
Pages : 185
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Book Description
The military is one of the few institutions that cut across the divides of Indonesian society. As it continues to play a critical part in determining Indonesia's future, the military itself is undergoing profound change. The authors of this book examine the role of the military in politics and society since the fall of President Suharto in 1998. They present several strategic scenarios for Indonesia, which have important implications for U.S.-Indonesian relations, and propose goals for Indonesian military reform and elements of a U.S. engagement policy.
Author: Rudolph C. Barnes Jr
Publisher: Routledge
ISBN: 1136302565
Category : History
Languages : en
Pages : 259
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Book Description
Focusing on the challenges faced by the US military in responding to "operations other than war" in the post-Cold War era, Rudolph Barnes makes a plea for the US government to address the "organizational bias for combat" and "narrow traditionalist view of military professionalism" within the Pentagon, which, he argues, are serious obstacles to developing an effective capabiilty for operations other than war. He draws on examples from Vietnam to the mismanagement of US military involvement in Somalia.
Author: John P. Lovell
Publisher: Praeger
ISBN:
Category : History
Languages : en
Pages : 256
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Book Description
This important new volume, sponsored by the Indiana Center on Global Change and World Peace, brings together academicians and practitioners in comparative politics and international relations to examine the impact of civil-military relations on the process of democratization. Contributors take an unprecedented look at current and emerging patterns of linkages between civil-military relations and democratization, especially in areas which have embarked on the path of democratization since the 1980s. They also challenge or refine many of the concepts and models that have figured prominently in discussions of civil-military relations and democratization. These include the notion that democratization requires adoption of the traditional Western model of civil-military relations.
Author: Brandy M. Andrews
Publisher: Createspace Independent Pub
ISBN: 9781479344536
Category : History
Languages : en
Pages : 46
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Book Description
Civil-Military relations are an area of study that garners intense scrutiny. Since Samuel Huntington and Morris Janowitz first introduced their theories on civil-military relations, many scholars have debated the issue. Over the years, many alternative theories have been explored. A study of civil-military relations has been conducted on almost every nation in the world, some more than once. Of all the research available on civil-military relations, there still exists a shortfall in criteria that can be used to assist developing democracies in determining the evolution of their own civil-military relations. As nations continue to evolve, so too will their civil-military relations. This monograph attempts to bridge the shortfall in areas of civil-military relations that will help a developing nation in improving its own civil-military relations. It will also be helpful to those organizations that may find themselves in a position to assist democracies in developing their civil-military relations. In the study, four criteria are identified that apply to civil-military relations in democracies. These criteria have been applied to two case studies that show how the application of the criteria shows distinct patterns of development for civil-military relations. These criteria are the establishment of founding documents that specifically dictate civilian control over the military; the professional development of the military forces; the relationship of the civilian government and the military during times of war and peace; and the work-shirk attitude of the military. These criteria relate directly to different areas of civil-military relations where outside organizations may have the influence to provide guidance and advice to newly emerging democracies. Specifically this study may assist MNSTC-I and CSTC-A in the current fight, by helping both Iraq and Afghanistan develop a positive relationship between the government and the military.
