Civilian courts and military courts - Research Paper Example

The judiciary in particular, is vested with the sole power to conduct judicial review and in such inferior courts as Congress may establish. “A juridical system operating free from interference and pressure from other branches of government, guarantying the rule of law in all fields of statecraft, is vital for the democratic governance of a country” (Marshall, 2007). Military Court “The military establishment of a country serves as an instrument of politics and is part of the executive power bestowed with the cloak of authority to use violence under the supremacy of policy.

The special task of the military and its embodiment of force make it particularly necessary that the military operates within the boundaries of the constitutional and legal framework of the state” (Marshall, 2007). In the democratic system, the Constitution has vested the military courts to provide for trial and punishment for offences committed within the navy and the military as defined in Article I, section 8, 12, 13 and 14 of the US Constitution. “The purpose of the military courts is to administer courts-martial and the jurisdiction of such courts is limited to the trial of military personnel” (May and Ides, 2007). . uthority of military commanders and leadership personnel and does not immediately influence the military jurisdiction in the sense of establishing military courts” (Marshall, 2007).

The rationale of the law in delegating to the military and navy to power to hear and decide cases within the scope of their authority is for the simple reason that “the nature of the duties of military personnel differs among the civilian code of law because being soldiers and being part of the defense personnel, they are subjected to a disciplinary system that covers all the peculiarities of military duty which covers defection from the troops, abuse of leadership authority among others” (Marshall, 2007), which are not expected of ordinary citizens.

In the event that military and navy personnel shall be adjudged guilty of any violation, they shall be given the right to appeal their case to senior levels of military authority and any other independent body, which include the military ombudsman, or the civilian administrative courts, for relief and redress. The designated military judges comprises of the military personnel who are still on active service. These are the “subordinates to their respective commanders and subject to the principle of hierarchical obedience” (Marshall, 2007).

 It has been observed that the role of the military courts shall only restricted to the enforcement of the Military Code of Justice, in relation to military discipline and the performance of a military mission. These offenses are being punished in order to instill military discipline, such as the abandonment of post and dereliction of duty. Schulhofer (2008) has stated that the “military commissions are designed to try terrorism suspects under rules of procedure and evidence crafted specifically