United Kingdom Military Law: Autonomy, Civilianisation, Juridification

22 Pages Posted: 27 Dec 2002

See all articles by Gerry R. Rubin

Gerry R. Rubin

University of Kent - Kent Law School

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.

Suggested Citation

Rubin, Gerry R., United Kingdom Military Law: Autonomy, Civilianisation, Juridification. Modern Law Review, Vol. 65, pp. 36-57, 2002. Available at SSRN: https://ssrn.com/abstract=309332

Gerry R. Rubin (Contact Author)

University of Kent - Kent Law School ( email )

Canterbury, Kent CT2 7NS
United Kingdom
01227 827492 (Phone)
01227 827831 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
23
Abstract Views
866
PlumX Metrics