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

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy
Author: Brett J. Kyle
Publisher: Routledge
Total Pages: 267
Release: 2020-12-22
Genre: Law
ISBN: 042967094X

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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.


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

Civil-Military 'Legal' Relations: Where to from Here?
Author: Pauline Therese Collins
Publisher: BRILL
Total Pages: 405
Release: 2018-04-03
Genre: Law
ISBN: 900433825X

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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.


Civil-military Relations

Civil-military Relations
Author: Pendleton Herring
Publisher:
Total Pages: 140
Release: 1954
Genre:
ISBN:

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American Civil-Military Relations

American Civil-Military Relations
Author: Suzanne C. Nielsen
Publisher: JHU Press
Total Pages: 430
Release: 2009-10-05
Genre: History
ISBN: 0801892872

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politics, and national security policy.--John R. Ballard "On Point"


Civil-military Relations

Civil-military Relations
Author: Social Science Research Council (U.S.). Committee on Civil-Military Relations Research
Publisher:
Total Pages: 160
Release: 1954
Genre: Civil supremacy over the military
ISBN:

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The Soldier and the State

The Soldier and the State
Author: Samuel P. Huntington
Publisher:
Total Pages: 0
Release: 2005
Genre:
ISBN:

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Armed Servants

Armed Servants
Author: Peter Feaver
Publisher: Harvard University Press
Total Pages: 410
Release: 2009-07
Genre: History
ISBN: 9780674036772

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How do civilians control the military? In the wake of September 11, the renewed presence of national security in everyday life has made this question all the more pressing. In this book, Peter Feaver proposes an ambitious new theory that treats civil-military relations as a principal-agent relationship, with the civilian executive monitoring the actions of military agents, the armed servants of the nation-state. Military obedience is not automatic but depends on strategic calculations of whether civilians will catch and punish misbehavior. This model challenges Samuel Huntington's professionalism-based model of civil-military relations, and provides an innovative way of making sense of the U.S. Cold War and post-Cold War experience--especially the distinctively stormy civil-military relations of the Clinton era. In the decade after the Cold War ended, civilians and the military had a variety of run-ins over whether and how to use military force. These episodes, as interpreted by agency theory, contradict the conventional wisdom that civil-military relations matter only if there is risk of a coup. On the contrary, military professionalism does not by itself ensure unchallenged civilian authority. As Feaver argues, agency theory offers the best foundation for thinking about relations between military and civilian leaders, now and in the future.