Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice
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.

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Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice
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.

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Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice

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Overview

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.


Product Details

ISBN-13: 9780367677213
Publisher: Taylor & Francis
Publication date: 08/01/2022
Pages: 252
Product dimensions: 6.12(w) x 9.19(h) x (d)

About the Author

Brett J. Kyle is Assistant Professor of Political Science, University of Nebraska at Omaha, USA.

Andrew G. Reiter is Associate Professor of Politics and International Relations, Mount Holyoke College, USA.

Table of Contents

Figures and tables vi

Acknowledgments vii

1 Why military justice matters 1

2 The role of military justice hi the modern world 23

3 Judges, generals, and politicians: The fight over military justice 48

4 Full subordination in Portugal and Colombia: Playing by civilian rules 93

5 Jurisdictional contestation in Indonesia and Fiji: Competing for control of military justice 125

6 Military overreach in Brazil and Pakistan: When the generals become the judges 159

7 From full subordination to military overreach and back again: Military justice in the United States 197

8 Conclusion 224

Appendix. Military legal subordination in the modern world 230

Index 236

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