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

This book examines the operation and reform of military courts in democratic countries, using a newly created dataset of 120 countries over two centuries. It provides a comprehensive picture of the evolution of military justice and offers a framework for understanding how civilian actors gain or lose legal control of the armed forces.

Format: Paperback / softback
Length: 244 pages
Publication date: 01 August 2022
Publisher: Taylor & Francis Ltd

The intricate interplay between military and civilian courts, the profound political influence wielded by legal prerogatives within the armed forces, and the challenging obstacles faced by civilian politicians in reforming military justice demand thorough exploration. Despite their profound implications for the well-being and sustainability of democracy, these critical aspects of the relationship between the military and the legal system have remained relatively understudied. In an effort to rectify this deficiency, this book offers a groundbreaking and comprehensive examination of the functioning and reform of military courts in democratic countries. Drawing upon a newly assembled dataset encompassing 120 countries spanning over two centuries, it presents the first comprehensive account of the evolution of military justice across nations and through time. Coupled with in-depth qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book offers a novel framework for understanding how civilian actors can either acquire or relinquish legal authority over the armed forces. The findings of this book hold significant implications for scholars and policymakers engaged in the fields of democracy, civil-military relations, human rights, and the rule of law.

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 books findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Weight: 470g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367677213