The civil courts’ challenge to military justice and its impact on the civil–military relationship

Edited book (chapter)

Collins, Pauline. 2016. "The civil courts’ challenge to military justice and its impact on the civil–military relationship." Duxbury, Alison and Groves, Matthew (ed.) Military Justice in the Modern Age. United Kingdom. Cambridge University Press. pp. 57-80
Chapter Title

The civil courts’ challenge to military justice and its
impact on the civil–military relationship

Book Chapter CategoryEdited book (chapter)
ERA Publisher ID1418
Book TitleMilitary Justice in the Modern Age
Authors
AuthorCollins, Pauline
EditorsDuxbury, Alison and Groves, Matthew
Page Range57-80
Chapter Number4
Number of Pages24
Year2016
PublisherCambridge University Press
Place of PublicationUnited Kingdom
ISBN9781107042377
Web Address (URL)http://assets.cambridge.org/97811070/42377/toc/9781107042377
Abstract

Civil–military relations theory establishes a clear preference for civilian control over the military. Carl von Clausewitz was an early proponent of this theory, stating: ‘[p]olicy is the guiding intelligence and war only the instrument . . . No other possibility exists, then, than to subordinate the military . . . to the political’.2 However, there is very little agreement on the way in which that arrangement can be achieved or, indeed, the operation of the civil–military relationship more generally. Matthew Groves argues that ‘[i]t is possible that the absence of a settled body of doctrine reflects a wider lack of knowledge about the societal relationship between civilians and the military in modern society.

KeywordsCivilian Courts; military; civil-military relations
ANZSRC Field of Research 2020480504. Legal institutions (incl. courts and justice systems)
Public Notes

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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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