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date: 20 September 2021

p. 687. The military judiciarylocked

p. 687. The military judiciarylocked

  • Eugene R. Fidell


Judicial independence is such a given in democratic countries that it tends to be taken for granted, but judicial independence is even more vulnerable in the context of military justice because of the inherently insular nature of such systems. ‘The military judiciary’ considers the issues that may affect judicial independence. A key issue is terms of office, or lack of them. Another aspect that can influence the independence of military trial judges is the fundamental question of who appoints them. Should they be appointed by the armed forces or the defense ministry or should they be appointed by civilians outside the defense establishment? The appellate review system is also discussed.

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