The civil courts' challenge to military justice and its impact on the civil-military relationship

Presentation

Collins, Pauline. 2011. "The civil courts' challenge to military justice and its impact on the civil-military relationship." Duxbury, Alison and Groves, Matthew (ed.) APCML 2011: Military Justice in the Modern Age. Melbourne, Australia 04 - 05 Nov 2011
Paper/Presentation Title

The civil courts' challenge to military justice and its impact on the civil-military relationship

Presentation TypePresentation
Authors
AuthorCollins, Pauline
EditorsDuxbury, Alison and Groves, Matthew
Journal or Proceedings TitleProceedings of an International Symposium to mark the 10th anniversary of the Asia Pacific Centre for Military Law (APCML 2011)
Number of Pages27
Year2011
Web Address (URL) of Paperhttp://www.apcml.org/documents/Military%20Justice%20Symposium%20Call%20for%20Papers-jun11.pdf
Conference/EventAPCML 2011: Military Justice in the Modern Age
Event Details
APCML 2011: Military Justice in the Modern Age
Event Date
04 to end of 05 Nov 2011
Event Location
Melbourne, Australia
Abstract

What role do the courts play in the theory of the civil-military relationship? Commonly analysis of this relationship tends to overlook the legal institutional framework within which the military is located, and the transformations that are occurring to the institutions within this framework. Findlay v The United Kingdom (1997) and subsequent similar cases concerning human rights appear to have contributed to a wave of reform to military discipline legislation in recent times in Western states such as Canada, New Zealand and Australia. The case of Al-Skeini with its long and difficult journey through trials and public inquiries to a final determination in the Grand Chamber of the ECtHR on July 7, 2011 provides a demonstration of the role the civilian courts are playing in what was once seen as a purely political and military domain. This change is one that challenges the evolving civil-military relationship as previously accepted, demanding a re-evaluation of civil-military relations theory that acknowledges the role of the courts.

Keywordscivil-military relations; civilian courts
ANZSRC Field of Research 2020500105. Legal ethics
480504. Legal institutions (incl. courts and justice systems)
480501. Access to justice
Byline AffiliationsDepartment of Law
Institution of OriginUniversity of Southern Queensland
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