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 civilpower’ 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.
Head
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Contents Part One: The Context 1 Introduction: Causes for concern 2 Key definitions 3 'Domestic violence' and calling out the troops 4 Historical background: A troubled record 5 The Constitutional framework: A civil/military demarcation 6 Australia's expanding military deployments Part Two: Probing the Details 7 The military call-out legislation 8 Executive power and the Governer-General's role 9 The military and the police 10 Constitutional doubts 11 Legal uncertainties 12 Civilian jurisdiction or military justice? Part Three: Conclusions 13 Global trends and democratic implications Index
