Military Law in Australia PDF Download

Author: Peter Sutherland
Publisher:
ISBN: 9781760022105
Category :
Languages : en
Pages :

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Author: Australian Army Legal Corps
Publisher: Simon and Schuster
ISBN: 1922132519
Category : History
Languages : en
Pages : 469

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Book Description
Justice in Arms brings to life a fascinating and important element of Australia’s legal history — the role of Army legal officers in Australia and in expeditionary operations from the Boer War until 2000. This is a comprehensive and absorbing history which describes the dynamic interaction of institutional and political imperatives and the personalities who managed this interaction over the decades. It is populated by colourful characters and legal luminaries and demonstrates that military justice is rightly concerned with discipline and cohesiveness. Reflecting broader societal norms, it is also concerned with the rule of law and respect for the rights, liberties and fair treatment of those who serve in the armed forces. Justice in Arms describes the extraordinary contribution of Army legal officers to both the profession of arms and the development of the law, charting the evolving personal and structural relationships between Army legal officers and command dictated by the changing legal needs of the Army and the broader Australian Defence Force. Today Army legal officers apply, adapt and shape the law to meet evolving needs in peacetime and during armed conflict and peace operations, ensuring the legitimacy of military action and the maintenance of domestic and international support for national objectives.

Author: Australian Army Legal Corps
Publisher:
ISBN: 9781741362381
Category :
Languages : en
Pages : 1200

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Author: Michael Head
Publisher: Federation Press
ISBN: 9781862877092
Category : Juvenile Nonfiction
Languages : en
Pages : 260

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Book Description
A recognised expert on military call-out law, Associate Professor Michael Head, examines the troop call-out legislation introduced in 2000 and 2006, and reviews the ongoing Constitutional and legal uncertainties.This book raises a number of crucial issues that have received little public attention. The Australian Defence Force can be deployed on such vague grounds as 'domestic violence' and 'Commonwealth interests'. Military commanders are given sweeping powers, including to use lethal force, shoot down civilian aircraft, interrogate people, raid premises and seize documents.Furthermore, other powers may still exist - under the common law or the Australian Constitution - to invoke 'military aid to civil power' or even martial law. The Governor-General remains the Commander-in-Chief of the armed forces, and the vice-regal powers over the military are unclear.While this book will be of particular interest to students, scholars and practitioners of law, as well as military lawyers and experts, it is also directed to members of the public, with the aim of stimulating much-needed debate.Part One reviews the contours, context and historical origins of the callout laws, and the underlying militarisation of aspects of society. Part Two examines the details of the laws and explores the legal and Constitutional questions. Part Three outlines the global parallels and probes the political implications.

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: 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: Neil Preston
Publisher:
ISBN: 9781760020347
Category : Military discipline
Languages : en
Pages : 326

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Book Description
This book breaks new ground in reviewing the naval and military law of the Australian colonies before their federation in 1901. Its particular focus is on the disciplinary codes contained in Acts of Parliament and subordinate legislation. A disciplinary code takes a certain form having regard to the nature of the force to which it is to apply, which in turn depends on the circumstances in which the force is raised and its proposed role. Matters dealt with include: An examination of the colonies' many disciplinary codes and a discussion of their adequacy. The political development of the colonies to the stage where they were prepared to raise local forces. The development of the British part-time forces and the British naval and military disciplinary codes, because the colonies looked to Britain for precedents for the kinds of forces they might raise and the disciplinary codes they might provide. The various kinds of naval and military forces that the colonies experimented with. The colonies' responses to the withdrawal of British regular army troops in the period 1860-70. The colonies' responses to the reports of senior British officers sent to the colonies to advise on defence matters, including the colonial forces. The naval and military law applying to colonial forces serving in the Sudan, the Boer War and the Boxer rebellion in China. Military Law in Colonial Australia is erudite, beautifully written and advances important new scholarship. The author, Neil Preston OAM, has provided an invaluable service to all those interested in both military history and Australian legal history.

Author: Peter Sutherland
Publisher:
ISBN: 9781760020460
Category : Military pensions
Languages : en
Pages : 928

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Book Description
Ben Quilty Troy Park, after Afghanistan 2012 Oil on linen 190 x 140 cm Australian War Memorial, Canberra Collection of the artist � Ben Quilty______________________________________This is the only book devoted to the law on veterans' entitlements and military compensation in Australia. The book comprehensively annotates the Veterans' Entitlements Act 1986 (VEA) and, in this third edition, for the first time annotates the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA).The third edition covers all of the recent major reports into the veterans' law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an invaluable reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country - be they ex-service organisations, tribunal members, legal practitioners or Departmental officials.Highlights of the third edition include:a new section of the book discussing the cases on the application of Statements of Principles under the two Acts;comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits, and transitional arrangements for previous schemes;the interaction between the VEA and the MRCA; andappendices which include an amendment history of the VEA and of the MRCA, an index of MRCA legislative instruments, discussion of defence honours and awards, and war grave eligibility.

Author: Cameron Moore
Publisher:
ISBN: 9781760461553
Category : Australia
Languages : en
Pages : 354

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Book Description
The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.

Author: Alison Duxbury
Publisher: Cambridge University Press
ISBN: 1316546144
Category : Political Science
Languages : en
Pages : 447

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Book Description
Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.