Military Justice and Chapter III: The Constitutional Basis of Courts Martial

2012 ◽  
Vol 40 (2) ◽  
pp. 161-180
Author(s):  
Jonathan Crowe ◽  
Suri Ratnapala
Keyword(s):  
Military Personnel ◽  
Judicial Power ◽  
Service Discipline ◽  
High Court ◽  
Service Personnel ◽  
Military Justice ◽  
The Third ◽  
Rules Set

The High Court has long struggled with the constitutional status of military tribunals established to hear disciplinary charges against service personnel. The Court's judgments reveal three distinct theories on this issue. The first view holds that military tribunals exercise judicial power, but not ‘the judicial power of the Commonwealth’ within the meaning of s 71 of the Constitution. The second view holds that the power in question is not judicial power at all for constitutional purposes. The third view holds that the power is ‘the judicial power of the Commonwealth’, but can be exercised by courts martial under a limited exception to the rules set out in Chapter III of the Constitution. The first view dominated the High Court's reasoning until Lane v Morrison (2009) 239 CLR 230, where the judges endorsed the second view. This article contends that the first and second views pose insuperable difficulties when placed in their broader constitutional context. The authors therefore argue for the third interpretation. They further argue that the constitutional basis for the third view strongly implies that military tribunals may only exercise jurisdiction over offences by military personnel that relate to service discipline.

scholarly journals Epidemiological manifestations of respiratory system diseases among military personnel of central military region

2021 ◽  
Vol 38 (5) ◽  
pp. 24-34
Author(s):  
Ivan S. Mukhachev ◽  
Irina V. Feldblium ◽  
Dmitriy A. Stolyarov ◽  
Maya Kh. Alyeva
Keyword(s):  
Respiratory System ◽  
Military Personnel ◽  
Respiratory Diseases ◽  
Viral Infections ◽  
Preventive Measures ◽  
Community Acquired Pneumonia ◽  
The Third ◽  
The Military ◽  
Military Units

Objective. To assess the epidemiological manifestations of the incidence of respiratory system diseases (RSD) among the military personnel of the military units of the Central Military Region. Materials and methods. The morbidity analysis was carried out according to official statistics for 20032019 with an assessment of long-term dynamics, structure and spatial characteristics. Results. Despite the preventive measures taken, the incidence of respiratory diseases in the troops remains high and continues to grow. The conscript servicemen are at risk. In the structure of RSD incidence, acute respiratory viral infections (ARVI) take the leading place, tonsillitis and bronchitis are in the second place, and community-acquired pneumonia (CAP) is in the third place. Differences in the trends of long-term dynamics of morbidity in various clinical forms of RSD were revealed. The Siberian Federal Region is the most favorable regarding RSD incidence. Conclusions. The incidence of respiratory diseases among conscripts is higher than that in contract servicemen, with downward trend for CAP and growth for ARVI and bronchitis.

scholarly journals SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 27-62
Author(s):  
Ihat Subihat
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Structure ◽  
Library Studies ◽  
The Republic ◽  
The Government

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

Part V Separation of Powers, Ch.28 The Separation of Judicial Power

2018 ◽  
Author(s):  
Foster Michelle
Keyword(s):  
Separation Of Powers ◽  
Judicial Power ◽  
Controversial Issues ◽  
Individual Rights ◽  
High Court ◽  
The Core ◽  
Future Developments ◽  
Methods And Techniques ◽  
History Of

This chapter discusses the separation of judicial power principle in Australia. First, it considers the history of the principle and whether it was intended or assumed by the Constitution's drafters. Next, the chapter examines the evolution of the principle in the High Court's jurisprudence, as well as its underlying rationales. Hereafter, this chapter considers the practical ramifications of the principle, and the methods and techniques adopted by the High Court to respond to some of its ‘inconvenient’ consequences. Finally, the chapter considers two of the core underlying rationales in the context of controversial issues in contemporary jurisprudence. It analyses the separation of judicial power principle and the protection of individual rights, in addition to the separation of judicial power principle and federalism. The chapter concludes by briefly commenting on likely future developments.

Rights Review in the High Court and the Cultural Limits of Judicial Power

2013 ◽  
Vol 41 (3) ◽  
pp. 585-608
Author(s):  
Robert Woods
Keyword(s):  
Judicial Review ◽  
Judicial Politics ◽  
Legal Culture ◽  
Judicial Power ◽  
Institutional Constraints ◽  
Constitutional Rights ◽  
High Court ◽  
Rights Protection

How are we to explain the High Court's reluctance to move into stronger forms of rights protection, as evinced by the disparity between its federalism and rights-based judicial review practices? It has been suggested that the federal and ‘rights’ provisions of the Constitution are equally indeterminate, calling into question the notion that the legal materials themselves compel a preference for one or another type of review. And the Court's record of rendering politically consequential decisions in its federalism jurisdiction suggests that political-institutional constraints may not preclude it from expanding its rights review powers. This article contends that the disparity in the Court's review practices can be explained only by way of a theory of judicial politics that is sensitive to notions of cultural as well as political constraint. It traces the historical emergence of an Australian politico-legal culture, before examining its role in restraining the further protection of constitutional rights.

Myanmar peace process could collapse post-2020

2018 ◽  
Keyword(s):  
Ethnic Minority ◽  
Military Personnel ◽  
Minority Groups ◽  
Peace Process ◽  
Armed Groups ◽  
Ethnic Minority Groups ◽  
Content Type ◽  
The Third ◽  
China And India ◽  
National League

Significance The meeting, which will be the third in the process so far, has been delayed due to disagreements among ethnic minority groups, including ethnic minority armed groups (EMAGs). Myanmar’s next general election is due in 2020, when State Counsellor Aung San Suu Kyi’s National League for Democracy (NLD) will be seeking to retain control of the civilian portion of government. Impacts While ongoing violence may dissuade Western investors, China and India will see opportunity rather than risk in Myanmar. China will encourage EMAGs to negotiate peace. Myanmar military personnel will face US sanctions over attacks on Rohingya Muslims.

scholarly journals The injured mind in the UK Armed Forces

2011 ◽  
Vol 366 (1562) ◽  
pp. 261-267 ◽  
Author(s):  
N. Greenberg ◽  
E. Jones ◽  
N. Jones ◽  
N. T. Fear ◽  
S. Wessely
Keyword(s):  
Mental Health ◽  
Military Personnel ◽  
Military Service ◽  
Healthcare Professionals ◽  
Armed Forces ◽  
Service Personnel ◽  
Psychological Injuries ◽  
The Media ◽  
The Uk ◽  
Effects Of War

The mental health of the UK Armed Forces is a topic much debated by healthcare professionals, politicians and the media. While the current operations in Afghanistan, and the recent conflict in Iraq, are relevant to this debate, much of what is known about the effects of war upon the psyche still derives from the two World Wars. This paper will examine the historical and contemporary evidence about why it is that some Service personnel suffer psychological injuries during their military service and others do not. The paper will also consider some of the strategies that today's Armed Forces have put in place to mitigate the effects of sending military personnel into danger.

scholarly journals The third time a charm? Traditional Courts Bill 2017

2018 ◽  
pp. 45-54
Author(s):  
Fatima Osman
Keyword(s):  
Justice System ◽  
Legal Representation ◽  
Significant Development ◽  
High Court ◽  
The Third ◽  
Traditional Leader ◽  
Opt Out ◽  
Customary Court ◽  
Criminal Matters ◽  
Made In

This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates’ courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement.

scholarly journals Theoretical review of psychosemantic studies of military servants

2017 ◽  
Keyword(s):  
Professional Identity ◽  
Military Personnel ◽  
Military Service ◽  
Social Representations ◽  
Social Institution ◽  
The Third ◽  
Qualitative Effect ◽  
Military Activity ◽  
The Military

The article analyzes psychosemantic researches of servicemen in Ukraine and Russia. The study proposed solutions to the following tasks: to analyze the main content of psychosemantic research with the military and determine the focus of further research with the military. The general analysis of psychosemantic studies of servicemen can be divided into three groups: The first group is the study of the peculiarities of the personal and semantic sphere of servicemen, as well as professional identity. The second group is the study of the behavior of the military, the features of their communication and motivation to serve. Performance of their official duties due to the regularity and hierarchy of military service. The third is the study of the formation of social representations about the image of the military and the army in general. Familiarization with the results and conclusions of the psychosemantic researches of military personnel, received by specialists, allowed to determine the focus of further research in this direction. In further studies, in our opinion, the actual question arises of the study of social representations of conscripts and soldiers of the regular service for the army and the military, as well as its impact on society as an important social institution. The study of these social representations can have a qualitative effect on the formation of young people's motivation to undergo military service, their adaptation to military activity, and the quality of their military professional tasks. The need for conducting these studies is determined by the dynamics of society development, the peculiarities of the modern worldview and the importance of military structures for each country.

The Controversial Role of Litigation in the Struggle to Revive Individual Access to the Tribunal of the Southern African Development Community

2020 ◽  
pp. 1-33
Author(s):  
Erika de Wet
Keyword(s):  
Southern African Development Community ◽  
Advisory Opinion ◽  
Member States ◽  
High Court ◽  
African Development ◽  
The Third ◽  
First Category ◽  
African Charter

The article examines four categories of litigation that were undertaken in the wake of the suspension of the SADC Tribunal. The first category of proceedings concerned a claim and request for an advisory opinion under the African Charter on Human and Peoples’ Rights (African Charter); the second related to arbitration proceedings based on the SADC Protocol on Finance and Investment (FIP); the third focussed on proceedings regarding the potential unconstitutionality of a government’s participation in the suspension of the SADC Tribunal; while the fourth concerned conflicts between the SADC and employees before the Botswana High Court. In analysing these proceedings, the article assesses whether litigation thus far undertaken is likely to increase pressure on SADC member states to reinstate some form of individual complaints procedure before the SADC Tribunal.

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