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
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
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:
Publisher: DIANE Publishing
ISBN: 1428967621
Category :
Languages : en
Pages : 33
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Book Description
Author: Lionel Beehner
Publisher: Oxford University Press, USA
ISBN: 0197535496
Category : Law
Languages : en
Pages : 377
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Book Description
This book explores contemporary civil-military relations in the United States. Much of the canonical literature on civil-military relations was either written during or references the Cold War, while other major research focuses on the post-Cold War era, or the first decade of the twenty-first century. A great deal has changed since then. This book considers the implications for civil-military relations of many of these changes. Specifically, it focuses on factors such as breakdowns in democratic and civil-military norms and conventions; intensifying partisanship and deepening political divisions in American society; as well as new technology and the evolving character of armed conflict. Chapters are organized around the principal actors in civil-military relations, and the book includes sections on the military, civilian leadership, and the public. It explores the roles and obligations of each. The book also examines how changes in contemporary armed conflict influence civil-military relations. Chapters in this section examine the cyber domain, grey zone operations, asymmetric warfare and emerging technology. The book thus brings the study of civil-military relations into the contemporary era, in which new geopolitical realities and the changing character of armed conflict combine with domestic political tensions to test, if not potentially redefine, those relations.
Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
ISBN: 1107079780
Category : Law
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: Zoltan Barany
Publisher: Princeton University Press
ISBN: 0691137692
Category : History
Languages : en
Pages : 470
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Book Description
Looking at how armies supportive of democracy are built, this title argues that the military is the important institution that states maintain, for without military elites who support democratic governance, democracy cannot be consolidated. It demonstrates that building democratic armies is the quintessential task of democratizing regimes.
Author: Larry Diamond
Publisher: JHU Press
ISBN: 9780801855368
Category : History
Languages : en
Pages : 210
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Book Description
Based on a conference held in Washington, DC, 13-14 Mar 1995.
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: 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: Joshua E. Kastenberg
Publisher: Routledge
ISBN: 1317118065
Category : Technology & Engineering
Languages : en
Pages : 270
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Book Description
This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.
