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

2020-12-22 Law
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Release : 2020-12-22
Genre : Law
Kind : eBook
Book Rating : 94X/5 ( reviews)

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Book Synopsis Military Courts, Civil-Military Relations, and the Legal Battle for Democracy by : Brett J. Kyle

Download or read book Military Courts, Civil-Military Relations, and the Legal Battle for Democracy written by Brett J. Kyle. This book was released on 2020-12-22. Available in PDF, EPUB and Kindle. Book excerpt: 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?

2018-04-03 Law
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Release : 2018-04-03
Genre : Law
Kind : eBook
Book Rating : 25X/5 ( reviews)

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Book Synopsis Civil-Military 'Legal' Relations: Where to from Here? by : Pauline Therese Collins

Download or read book Civil-Military 'Legal' Relations: Where to from Here? written by Pauline Therese Collins. This book was released on 2018-04-03. Available in PDF, EPUB and Kindle. Book excerpt: 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 in a Democracy

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Book Rating : 621/5 ( reviews)

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Book Synopsis Civil-Military Relations in a Democracy by :

Download or read book Civil-Military Relations in a Democracy written by . This book was released on . Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Courts as Mediators

2016-04-15 History
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Release : 2016-04-15
Genre : History
Kind : eBook
Book Rating : 780/5 ( reviews)

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Book Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa

Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa. This book was released on 2016-04-15. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Choosing Your Battles

2005-09-11 History
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Release : 2005-09-11
Genre : History
Kind : eBook
Book Rating : 272/5 ( reviews)

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Book Synopsis Choosing Your Battles by : Peter D. Feaver

Download or read book Choosing Your Battles written by Peter D. Feaver. This book was released on 2005-09-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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