Civil-military 'legal' relations. Where to from here? The civilian courts and the military in the United Kingdom, United States and Australia / / Pauline Therese Collins.

• Superior document: International Humanitarian Law Series ; 51
• Author: Collins, Pauline Therese.
• Place / Publishing House: Leiden : : Koninklijke Brill NV,, 2018.
• Year of Publication: 2018
• Language: English
• Series: International Humanitarian Law Series 51.
• Physical Description: 1 online resource (405 pages).

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.

Table of Contents

Preliminary Material -- Civil–Military ‘Legal’ Control -- Civil–Military ‘Power’ Relations -- The United Kingdom -- Discipline of Soldiers for Actions in an Occupation Zone -- US Institutions of Government -- Civilians in Combat -- Australian Civil–Military Relations -- Can Soldiers Ever be Civilians? -- The ‘Legal’ in Civil–Military Power Relations -- Bibliography -- Index.