Calling Out the Troops: The Australian Military and Civil Unrest : the Legal and Constitutional Issues

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Federation Press, 2009 - Australia - 247 pages
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A recognised expert on military call-out law, Associate Professor Michael Head, examines the troop call-out legislation introduced in 2000 and 2006, and reviews the ongoing Constitutional and legal uncertainties.This book raises a number of crucial issues that have received little public attention. The Australian Defence Force can be deployed on such vague grounds as 'domestic violence' and 'Commonwealth interests'. Military commanders are given sweeping powers, including to use lethal force, shoot down civilian aircraft, interrogate people, raid premises and seize documents.Furthermore, other powers may still exist - under the common law or the Australian Constitution - to invoke 'military aid to civil power' or even martial law. The Governor-General remains the Commander-in-Chief of the armed forces, and the vice-regal powers over the military are unclear.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.Part One reviews the contours, context and historical origins of the callout laws, and the underlying militarisation of aspects of society. Part Two examines the details of the laws and explores the legal and Constitutional questions. Part Three outlines the global parallels and probes the political implications.
 

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Contents

Key definitions
5
A troubled record
37
Australias expanding military deployments
77
The military callout legislation
100
Executive power and the GovernorGenerals role
122
The military and the police
138
Constitutional doubts and debates
148
Legal uncertainties
165
Civilian jurisdiction or military justice?
187
Global trends and democratic implications
204
Index
225
Table of Cases
246
Copyright

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About the author (2009)

Dr. Michael Head is a Senior Lecturer in the School of Law at the University of Western Sydney.

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