Download or read book Military Courts Civil Military Relations and the Legal Battle for Democracy written by Brett J. Kyle and published by Routledge. This book was released on 2020-12-22 with total page 267 pages. 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.
Download or read book Civil Military Legal Relations Where to from Here written by Pauline Therese Collins and published by BRILL. This book was released on 2018-04-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the place of civilian courts in civil-military theory and their impact on the civil-military relationship in three western liberal democracies. It challenges the evolving civil-military relationship, demanding a re-evaluation of the theory to incorporate the courts.
Download or read book Reconsidering American Civil Military Relations written by Lionel Beehner and published by Oxford University Press, USA. This book was released on 2020-11-16 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores contemporary civil-military relations in the United States. Much of the canonical literature on civil-military relations was either written during or references the Cold War, while other major research focuses on the post-Cold War era, or the first decade of the twenty-first century. A great deal has changed since then. This book considers the implications for civil-military relations of many of these changes. Specifically, it focuses on factors such as breakdowns in democratic and civil-military norms and conventions; intensifying partisanship and deepening political divisions in American society; as well as new technology and the evolving character of armed conflict. Chapters are organized around the principal actors in civil-military relations, and the book includes sections on the military, civilian leadership, and the public. It explores the roles and obligations of each. The book also examines how changes in contemporary armed conflict influence civil-military relations. Chapters in this section examine the cyber domain, grey zone operations, asymmetric warfare and emerging technology. The book thus brings the study of civil-military relations into the contemporary era, in which new geopolitical realities and the changing character of armed conflict combine with domestic political tensions to test, if not potentially redefine, those relations.
Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa and published by Cambridge University Press. This book was released on 2016-04-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. The substantive focus of the book is the role of constitutional courts in democracies where the armed forces are fighting internal armed conflicts of different types: Colombia, Peru, and Mexico in Latin America and also Israel, Turkey, and Pakistan. Through detailed analyses of the political context, civil-military relations, and the constitutional jurisprudence on military autonomy and the regulation of the use of force the book shows that constitutional courts can be instrumental in striking a democratically accepted balance between the exercise of civilian authority and the legitimate needs of the military in its pursuit of order and national security.
Download or read book Civil Military Relations and Democracy written by Larry Diamond and published by JHU Press. This book was released on 1996-10-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a conference held in Washington, DC, 13-14 Mar 1995.
Download or read book The Soldier and the Changing State written by Zoltan Barany and published by Princeton University Press. This book was released on 2012-09-16 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at how armies supportive of democracy are built, this title argues that the military is the important institution that states maintain, for without military elites who support democratic governance, democracy cannot be consolidated. It demonstrates that building democratic armies is the quintessential task of democratizing regimes.
Download or read book Military Justice written by White, Nigel D. and published by Edward Elgar Publishing. This book was released on 2022-03-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.
Download or read book Military Legitimacy written by Rudolph C. Barnes and published by Routledge. This book was released on 1996 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military legitimacy concerns the delicate balance between might and right. It begins with the law - operational law (OPLAW) and the law of war (LAW) - but it goes beyond the law to its moral underpinnings. Moral and cultural standards in the area of operations must be respected to ensure legitimacy. Personal and national values provide the framework for military decision making. The potential conflict between civilian and military perceptions of these values represents a continuing threat to military legitimacy because, in a democracy, public support is both a requirement and a measure of such legitimacy. This book provides an overview of the concept of legitimacy as it applies to military operations, especially in peacetime. It is argued that legitimacy was hardly an issue during the Cold War as it was defined in terms of combatting the Soviet threat. With the disintegration of the Soviet Union, and diminishing defence resources, there must be a new under-standing of military legitimacy and its relationship to new strategies. The diplomat-warrior personifies legitimacy in peacetime and is an effective means of filling the gap between the limits of diplomacy and conventional military operations.
Download or read book Military Legitimacy written by Rudolph C. Barnes Jr and published by Routledge. This book was released on 2013-04-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the challenges faced by the US military in responding to "operations other than war" in the post-Cold War era, Rudolph Barnes makes a plea for the US government to address the "organizational bias for combat" and "narrow traditionalist view of military professionalism" within the Pentagon, which, he argues, are serious obstacles to developing an effective capabiilty for operations other than war. He draws on examples from Vietnam to the mismanagement of US military involvement in Somalia.
Download or read book Civil military Relations written by Claude Emerson Welch and published by . This book was released on 1998 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In a Time of Total War written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-03-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.
Download or read book The Military and Democracy in Indonesia written by Angel Rabasa and published by Rand Corporation. This book was released on 2002-12-13 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The military is one of the few institutions that cut across the divides of Indonesian society. As it continues to play a critical part in determining Indonesia's future, the military itself is undergoing profound change. The authors of this book examine the role of the military in politics and society since the fall of President Suharto in 1998. They present several strategic scenarios for Indonesia, which have important implications for U.S.-Indonesian relations, and propose goals for Indonesian military reform and elements of a U.S. engagement policy.
Download or read book The Military Justice System written by United States. Air Force ROTC. and published by . This book was released on 1962 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text is designed to give the advanced Air Force ROTC student an over-all view of the military justice system, of how it operates in the Air Force, and of the general responsibilities of those in 'authority or command' who must administer the system. And, above all, it is hoped that the text will engender a feeling that military justice is directly, intimately, and essentially concerned with human conduct - rather than with arbitrary rules, legalistic distinctions, and inflexible classifications"--Pref.
Download or read book Patterns of Civil Military Relations in Democracies written by Brandy M. Andrews and published by Createspace Independent Pub. This book was released on 2012-09-18 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil-Military relations are an area of study that garners intense scrutiny. Since Samuel Huntington and Morris Janowitz first introduced their theories on civil-military relations, many scholars have debated the issue. Over the years, many alternative theories have been explored. A study of civil-military relations has been conducted on almost every nation in the world, some more than once. Of all the research available on civil-military relations, there still exists a shortfall in criteria that can be used to assist developing democracies in determining the evolution of their own civil-military relations. As nations continue to evolve, so too will their civil-military relations. This monograph attempts to bridge the shortfall in areas of civil-military relations that will help a developing nation in improving its own civil-military relations. It will also be helpful to those organizations that may find themselves in a position to assist democracies in developing their civil-military relations. In the study, four criteria are identified that apply to civil-military relations in democracies. These criteria have been applied to two case studies that show how the application of the criteria shows distinct patterns of development for civil-military relations. These criteria are the establishment of founding documents that specifically dictate civilian control over the military; the professional development of the military forces; the relationship of the civilian government and the military during times of war and peace; and the work-shirk attitude of the military. These criteria relate directly to different areas of civil-military relations where outside organizations may have the influence to provide guidance and advice to newly emerging democracies. Specifically this study may assist MNSTC-I and CSTC-A in the current fight, by helping both Iraq and Afghanistan develop a positive relationship between the government and the military.
Download or read book Breaking with the Past written by Aurel Croissant and published by Policy Studies (East-West Cent. This book was released on 2012 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, several East Asian nations have undergone democratic transitions accompanied by changes in the balance of power between civilian elites and military leaders. These developments have not followed a single pattern: In Thailand, failure to institutionalize civilian control has contributed to the breakdown of democracy; civil-military relations and democracy in the Philippines are in prolonged crisis; and civilian control in Indonesia is yet to be institutionalized. At the same time, South Korea and Taiwan have established civilian supremacy and made great advances in consolidating democracy. These differences can be explained by the interplay of structural environment and civilian political entrepreneurship. In Taiwan, Korea, and Indonesia, strategic action, prioritization, and careful timing helped civilians make the best of their structural opportunities to overcome legacies of military involvement in politics. In Thailand, civilians overestimated their ability to control the military and provoked military intervention. In the Philippines, civilian governments forged a symbiotic relationship with military elites that allowed civilians to survive in office but also protected the military's institutional interests. These differences in the development of civil-military relations had serious repercussions on national security, political stability, and democratic consolidation, helping to explain why South Korea, Taiwan, and, to a lesser degree, Indonesia have experienced successful democratic transformation, while Thailand and the Philippines have failed to establish stable democratic systems.
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Download or read book The Civil military Gap in the United States written by Thomas S. Szayna and published by Rand Corporation. This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the potential for a divergence in views among civilian and military elites (sometimes referred to as the civil-military gap) to undermine military effectiveness? Although a variety of differences were found among the views of military and civilian survey respondents, these differences mostly disappeared when the authors focused on the attitudes that are pertinent to civilian control of the military and military effectiveness.
