Military Courts Civil Military Relations And The Legal Battle For Democracy
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Military Courts Civil Military Relations And The Legal Battle For Democracy
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Author : Brett J. Kyle
language : en
Publisher: Routledge
Release Date : 2020-12-22
Military Courts Civil Military Relations And The Legal Battle For Democracy written by Brett J. Kyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-22 with Law categories.
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.
Civil Military Legal Relations Where To From Here
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Author : Pauline Therese Collins
language : en
Publisher: BRILL
Release Date : 2018-04-05
Civil Military Legal Relations Where To From Here written by Pauline Therese Collins and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Law categories.
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.
Civil Military Relations In A Democracy
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Civil Military Relations In A Democracy written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Constitutional Courts As Mediators
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Author : Julio Ríos-Figueroa
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-15
Constitutional Courts As Mediators written by Julio Ríos-Figueroa and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Military Legitimacy
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Author : Rudolph C. Barnes
language : en
Publisher: Routledge
Release Date : 1996
Military Legitimacy written by Rudolph C. Barnes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with History categories.
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.
Civil Military Relations And Democracy
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Author : Larry Diamond
language : en
Publisher: JHU Press
Release Date : 1996-10-17
Civil Military Relations And Democracy written by Larry Diamond and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-10-17 with History categories.
Based on a conference held in Washington, DC, 13-14 Mar 1995.
The Soldier And The Changing State
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Author : Zoltan Barany
language : en
Publisher: Princeton University Press
Release Date : 2012-09-16
The Soldier And The Changing State written by Zoltan Barany and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-16 with History categories.
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.
Military Legitimacy
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Author : Rudolph C. Barnes Jr
language : en
Publisher: Routledge
Release Date : 2013-04-03
Military Legitimacy written by Rudolph C. Barnes Jr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-03 with History categories.
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.
Reconsidering American Civil Military Relations
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Author : Lionel Beehner
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-11-16
Reconsidering American Civil Military Relations written by Lionel Beehner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-16 with Law categories.
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.
Patterns Of Civil Military Relations In Democracies
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Author : Brandy M. Andrews
language : en
Publisher: Createspace Independent Pub
Release Date : 2012-09-18
Patterns Of Civil Military Relations In Democracies written by Brandy M. Andrews and has been published by Createspace Independent Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-18 with History categories.
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.