Calling out the troops : the Australian military and civil unrest : the legal and constitutional issues

Type

Book

Authors

Head, Michael

ISBN 10

1862877092

ISBN 13

9781862877092

LCCN

KF 4490 .H43

DDC

343.9401

Tags

Military, Criminology, Australia, Australian army, Mobilization, War and emergency powers, Civil-military relations

Abstract

The use of troops against citizens is widely associated with authoritarian regimes not democratic states. yet legislation was introduced in 2000, and extended in 2006, giving Australian governments and the chief of the Australian Force explicit peacetime powers to call-out the troops on such grounds as 'domestic violence' and 'Commonwealth interests'. Military commanders were given sweeping powers to shoot down civilian aircraft, use lethal force, interrogate people, raid premises and seize documents. While this book will be of particular interest to students, scholars, and practitioners of law, as well as military lawyers and experts, it is also directed to members of the public, with the aim of stimulating much-needed debate.

Description

Part One: The Context -- 'Domestic violence' and calling out the troops -- The historical background: A trouble record -- The constitutional framework: A civil/military demarcation -- Australia's expanding military deployments -- Part Two: Probing the Debate -- The military call-out legislation -- Executive power and the Governor-General's role -- The military and the police -- Constitutional doubts and debates -- Legal uncertainties -- civilian jurisdiction or military justice? -- Part Three: conclusions -- global trends and democratic implications.

Biblio Notes

Includes biographical references and index.

Number of Copies