In search of certainty for military discipline
Article
Article Title | In search of certainty for military discipline |
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ERA Journal ID | 37154 |
Article Category | Article |
Authors | |
Author | Collins, Pauline |
Journal Title | Australian Bar Review |
Journal Citation | 52, pp. 1-20 |
Article Number | 1 |
Number of Pages | 20 |
Year | 2022 |
Place of Publication | Australia |
ISSN | 0814-8589 |
Abstract | In 2020, the High Court of Australia yet again addressed the reach of military jurisdiction for criminal offending by military members. This article considers the far-reaching decision in Private R v Cowen (2020) 383 ALR 1 in the context of the state of civil-military relations and discipline in the Australian Defence Force. Five out of the seven judges agreed the defence power under s 51(vi) of the Australian Constitution enables Parliament to decide how the control of the military can occur in disciplining service personnel. The article explores the court’s reasoning and critiques the judgment and its consequences for the civil-military control principle, and the needs of service personnel. The article concludes the area is ripe for Parliament’s attention in bringing military discipline up to 21st century standards. |
Keywords | military discipline, High Court, defence power |
ANZSRC Field of Research 2020 | 480705. Military law and justice |
480702. Constitutional law | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q7v55/in-search-of-certainty-for-military-discipline
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