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

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.