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

Civil-Military 'Legal' Relations: Where to from Here? PDF Author: Pauline Therese Collins
Publisher: BRILL
ISBN: 900433825X
Category : Law
Languages : en
Pages : 405

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.

Military Courts, Civil-military Relations, and the Legal Battle for Democracy

Military Courts, Civil-military Relations, and the Legal Battle for Democracy PDF Author: Brett J. Kyle
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244

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"--

Constitutional Courts as Mediators

Constitutional Courts as Mediators PDF Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
ISBN: 1107079780
Category : History
Languages : en
Pages : 255

Book Description
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Civil-Military Relations and Democracy

Civil-Military Relations and Democracy PDF Author: Larry Diamond
Publisher: JHU Press
ISBN: 9780801855368
Category : History
Languages : en
Pages : 210

Book Description
Based on a conference held in Washington, DC, 13-14 Mar 1995.

National Security Law

National Security Law PDF Author: John Norton Moore
Publisher: Berghahn Books
ISBN:
Category : Law
Languages : en
Pages : 1448

Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Civil-Military Relations and Shared Responsibility

Civil-Military Relations and Shared Responsibility PDF Author: Dale R. Herspring
Publisher: JHU Press
ISBN: 1421409291
Category : Political Science
Languages : en
Pages : 364

Book Description
A provocative approach to evaluating civil-military relations. Dale R. Herspring considers the factors that allow some civilian and military organizations to operate more productively in a political context than others, bringing into comparative study for the first time the military organizations of the U.S., Russia, Germany, and Canada. Refuting the work of scholars such as Samuel P. Huntington and Michael C. Desch, Civil-Military Relations and Shared Responsibility approaches civil-military relations from a new angle, military culture, arguing that the optimal form of civil-military relations is one of shared responsibility between the two groups. Herspring outlines eight factors that contribute to conditions that promote and support shared responsibility among civilian officials and the military, including such prerequisites as civilian leaders not interfering in the military's promotion process and civilian respect for military symbols and traditions. He uses these indicators in his comparative treatment of the U.S., Russian, German, and Canadian militaries. Civilian authorities are always in charge and the decision on how to treat the military is a civilian decision. However, Herspring argues, failure by civilians to respect military culture will antagonize senior military officials, who will feel less free to express their views, thus depriving senior civilian officials, most of whom have no military experience, of the expert advice of those most capable of assessing the far-reaching forms of violence. This issue of civilian respect for military culture and operations plays out in Herspring's country case studies. Scholars of civil-military relations will find much to debate in Herspring's framework, while students of civil-military and defense policy will appreciate Herspring's brief historical tour of each countries' post–World War II political and policy landscapes.

Civil-Military Relations in Lebanon

Civil-Military Relations in Lebanon PDF Author: Are John Knudsen
Publisher: Springer
ISBN: 3319551671
Category : Political Science
Languages : en
Pages : 163

Book Description
This volume examines Lebanon’s post-2011 security dilemmas and the tenuous civil-military relations. The Syrian civil war has strained the Lebanese Armed Forces’ (LAF) cohesion and threatens its neutrality – its most valued assets in a divided society. The spill-over from the Syrian civil war and Hezbollah’s military engagement has magnified the security challenges facing the Army, making it a target. Massive foreign grants have sought to strengthen its military capability, stabilize the country and contain the Syria crisis. However, as this volume demonstrates, the real weakness of the LAF is not its lack of sophisticated armoury, but the fragile civil–military relations that compromise its fighting power, cripple its neutrality and expose it to accusations of partisanship and political bias. This testifies to both the importance of and the challenges facing multi-confessional armies in deeply divided countries.

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

Civil-Military 'Legal' Relations: Where to from Here? PDF Author: Pauline Therese Collins
Publisher: BRILL
ISBN: 900433825X
Category : Law
Languages : en
Pages : 405

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.

Military Law Review

Military Law Review PDF Author:
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 450

Book Description


Shaping US Military Law

Shaping US Military Law PDF Author: Joshua E. Kastenberg
Publisher: Routledge
ISBN: 1317055780
Category : Law
Languages : en
Pages : 268

Book Description
Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.