21. British judicial engagement and the juridification of the armed forces
- Author:
- Anthony Forster
- Publication Date:
- 03-2012
- Content Type:
- Journal Article
- Institution:
- Chatham House
- Abstract:
- The term 'juridification' was first used by Gerry Rubin over a decade ago to describe ways in which the British court-martial system was being altered by civil judgments that civilianized the military legal system and reduced the autonomy of the armed forces. Since then, little scholarly attention has been focused on legal developments and their impact on traditional forms of governance of the British armed forces—especially its hierarchical and tradition-based approach to the conduct of its business. More recently, Christopher Dandeker has explored the 'right' of, versus the 'need' for, the British armed forces to be different from the society they serve, and I have explored the impact of wars since 1997 on the three branches of the British state and on the relationship of the state to its citizens. The focus in the present article is on the consequences of changes to the legal framework for the British armed forces. This is of interest not just because the armed forces have been so regularly deployed in combat over the last decade and a half, but also because as an organization the British military has been based on strong hierarchies, self-referential judgments, strong internal (but poor external) transparency and, above all, certainty of process and basic presuppositions that underpin all its activities.
- Political Geography:
- United Kingdom