Militaries as Wielders of Executive Power: The Australasian and Melanesian Militaries and their Formal Relationship with Government

Title
Militaries as Wielders of Executive Power: The Australasian and Melanesian Militaries and their Formal Relationship with Government
Publication Date
2008
Author(s)
Moore, Cameron
( author )
OrcID: https://orcid.org/0000-0001-5272-624X
Email: cmoore6@une.edu.au
UNE Id une-id:cmoore6
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Armed Forces Law Association of New Zealand
Place of publication
New Zealand
UNE publication id
une:2082
Abstract
Militaries can be the ultimate guarantee of the rule of law and also pose its greatest threat. The extended use of executive power through the military, with its potential arbitrariness, is contrary to the idea of the rule of law. Conversely, in some cases only the extended use of executive power through the military can preserve the rule of law. The relationship then between civilian governments and their militaries has to be a careful balance between effective military power and subjection to lawful authority. This relationship has been broken through coup d'etat in Fiji and tested through mutinies in Papua New Guinea and politicisation in Australia. This paper will consider the constitutional relationship between civilian governments and their militaries in Fiji, Papua New Guinea, Australia and New Zealand. Each country sheds a different light on this relationship.
Link
Citation
New Zealand Armed Forces Law Review, v.8, p. 21-46
ISSN
1175-6136
Start page
21
End page
46

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