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United Kingdom Military Law: Autonomy, Civilianisation, Juridification
Author(s) -
Rubin G. R.
Publication year - 2002
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.00365
Subject(s) - autonomy , law , political science , economic justice , subject (documents) , politics , military justice , military service , library science , computer science
This paper argues that military law has undergone a long‐term process of change. Previously an autonomous legal system with little civilian input at the administrative, judicial and policy‐making levels, military law became subject to a consensual policy of civilianisation from the early 1960s, reflected primarily in the adoption of civilian criminal law norms by the military justice system. More recently there has emerged the juridification of significant areas of military relations in respect to discipline and certain other terms of service which hitherto have not been subject to externally imposed legal regulation. Explanations for the shifts from autonomy, through civilianisation, and then to juridification, ranging from political and social developments to new human rights and equal opportunities discourses, are offered for such changes.