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United Kingdom Military Law: Autonomy, Civilianisation, Juridification

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Abstract:

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.

Keywords: Courts Martial; Equal Opportunities; Human Rights; Juridification; Military Law

Document Type: Original Article

DOI: http://dx.doi.org/10.1111/1468-2230.00365

Affiliations: University of Kent at Canterbury

Publication date: January 1, 2002

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