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Australian military court ruled unconstitutional

#1
http://news.yahoo.com/s/ap/20090826/ap_on_re_as/as_australia_military_justice

Australia's highest court ruled Wednesday that the country's military justice system is unconstitutional because its judges are not independent of the military command — throwing into doubt 171 cases judged in the past two years.

The previous government created the Australian Military Court in October 2007 as a modern means of enforcing military discipline, replacing the systems of courts-martial and military magistrates.
So what about other countries?
 
#4
devexwarrior said:
That's what I like to see, a Russian telling the rest of the world about justlice and the rule of law
and in his ideologically induced short-sightedness failing to recognize that this is a prime example of democratic checks and balances in action.
 
#5
devexwarrior said:
That's what I like to see, a Russian telling the rest of the world about justlice and the rule of law
I don't see any reasons to bound myself in usage of freedom of speech.

However, apparently you have seen in my post something that I didn't mean.
 
#8
This is going to cause major issues, as if military infringements are taken from an administrative panel to civil jurisdiction, this will create a need for new procedures of evidence for a start. Cost will be another concern, and that are the minor issues.

Well done the High Court anyway. All that will probably happen now is that the Court will have to have independent Chairs presiding, possibly Federal Court judges.
 
#9
aussieinukmil said:
This is going to cause major issues, as if military infringements are taken from an administrative panel to civil jurisdiction, this will create a need for new procedures of evidence for a start. Cost will be another concern, and that are the minor issues.

Well done the High Court anyway. All that will probably happen now is that the Court will have to have independent Chairs presiding, possibly Federal Court judges.
We had a similar problem in UK, but the courts martial system continues with a few changes which are said to be sufficient to meet the independence requirement.
 

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