Add to ORKGIn 2020, the High Court of Australia yet again addressed the reach of military jurisdiction for criminal offending by military members. This article considers the far-reaching decision in Private R v Cowen (2020) 383 ALR 1 in the context of the state of civil-military relations and discipline in the Australian Defence Force. Five out of the seven judges agreed the defence power under s 51(vi) of the Australian Constitution enables Parliament to decide how the control of the military can occur in disciplining service personnel. The article explores the court’s reasoning and critiques the judgment and its consequences for the civil-military control principle, and the needs of service personnel. The article concludes the area is ripe for Parli...
Under the decision of the Supreme Court in O\u27Callahan v. Parker, 395 U. S. 258 (1969), a court-ma...
In recent years, courts have increasingly deferred to military decisionmakers in judicial review of ...
Military justice serves a different purpose than civilian justice and its form reflects that distict...
In recent years the nature of the military in western countries has been transforming. Legislation g...
With political changes afoot in both Australia and the United States, it is timely to review militar...
With political changes afoot in both Australia and the United States, it is timely to review militar...
The Defence Force Discipline Appeal Tribunal (DFDAT) is a statutory administrative body, not a court...
Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will&#x...
Civil-military relations establishes the civilian control over the military to protect democratic va...
Under the decision of the Supreme Court in O\u27Callahan v. Parker, 395 U.S. 258 (1969), a court-mar...
Since the turn of the century, extensive statutory provisions have been introduced, for the first ti...
The Australian military justice system has been reviewed by six separate inquiries since 1997, with ...
The recently released Brereton Inquiry Report found there was credible evidence to suggest a small n...
The commanding officer plays a crucial role in the enforcement of discipline in the armies of many c...
Abstract: In Re Civilian Casualty Court Martial, disciplinary charges preferred against two Australi...
Under the decision of the Supreme Court in O\u27Callahan v. Parker, 395 U. S. 258 (1969), a court-ma...
In recent years, courts have increasingly deferred to military decisionmakers in judicial review of ...
Military justice serves a different purpose than civilian justice and its form reflects that distict...
In recent years the nature of the military in western countries has been transforming. Legislation g...
With political changes afoot in both Australia and the United States, it is timely to review militar...
With political changes afoot in both Australia and the United States, it is timely to review militar...
The Defence Force Discipline Appeal Tribunal (DFDAT) is a statutory administrative body, not a court...
Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will&#x...
Civil-military relations establishes the civilian control over the military to protect democratic va...
Under the decision of the Supreme Court in O\u27Callahan v. Parker, 395 U.S. 258 (1969), a court-mar...
Since the turn of the century, extensive statutory provisions have been introduced, for the first ti...
The Australian military justice system has been reviewed by six separate inquiries since 1997, with ...
The recently released Brereton Inquiry Report found there was credible evidence to suggest a small n...
The commanding officer plays a crucial role in the enforcement of discipline in the armies of many c...
Abstract: In Re Civilian Casualty Court Martial, disciplinary charges preferred against two Australi...
Under the decision of the Supreme Court in O\u27Callahan v. Parker, 395 U. S. 258 (1969), a court-ma...
In recent years, courts have increasingly deferred to military decisionmakers in judicial review of ...
Military justice serves a different purpose than civilian justice and its form reflects that distict...