Calling out the Troops

Michael Head (University of Western Sydney, Australia)

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English

Federation Press
22 May 2009

History; Military & defence law

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.

\nThis 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.

\nFurthermore, 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.

\nWhile 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.

\nPart 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.

By: Michael Head (University of Western Sydney Australia)
Imprint: Federation Press
Country of Publication: Australia
Dimensions: Height: 240mm, Width: 153mm,
Weight: 364g
ISBN: 9781862877092
ISBN 10: 1862877092
Pages: 240
Publication Date: 22 May 2009
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Paperback
Publisher's Status: Active

Part One: The Context Introduction: Causes for concern Key definitions 'Domestic violence' and calling out the troops Historical background: A troubled record The Constitutional framework: A civil/military demarcation Australia's expanding military deployments Part Two: Probing the Details The military call-out legislation Executive power and the Governor-General's role The military and the police Constitutional doubts Legal uncertainties Civilian jurisdiction or military justice? Part Three: Conclusions Global trends and democratic implications Index

Michael Head is an Associate Professor at the University of Western Sydney, having previously taught law at LaTrobe, Adelaide and ANU. His teaching and research interests lie in Jurisprudence, Administrative Law, Refugee and Immigration Law and Law Foundation (Law and Society).

Reviews for Calling out the Troops

Calling Out the Troops provides a detailed and critical analysis of Australia's military call-out laws. Dr Head places the Australian law in the context of global trends towards increasing military control of of civilian populations and the militarisation of society generally. This work raises crucial questions regarding the relationship between the citizen and the state and deserves to be widely read. - Law Institute Journal of Victoria, April 2010