Military Courts, Civil-Military Relations, and the Legal Battle for Democracy

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy
Author: Brett J. Kyle
Publisher: Routledge
Total Pages: 267
Release: 2020-12-22
Genre: Law
ISBN: 042967094X

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.

Constitutional Courts as Mediators

Constitutional Courts as Mediators
Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
Total Pages: 255
Release: 2016-04-15
Genre: History
ISBN: 1107079780

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Military Justice: Appendix B, p. 865-1046

Military Justice: Appendix B, p. 865-1046
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher:
Total Pages: 194
Release: 1966
Genre: Courts-martial and courts of inquiry
ISBN:

Seeking Supremacy

Seeking Supremacy
Author: Yasser Kureshi
Publisher: Cambridge University Press
Total Pages: 309
Release: 2022-09-15
Genre: Law
ISBN: 1009035878

The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.