2003 Fiscal Year Final Research Report Summary
A study of a military law of the U.K. after World War II -focussing on changes in reform of court-martial -
| Project/Area Number |
13620035
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tsuyama National College of Technology |
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Principal Investigator |
OTA Hajime Tsuyama National College of Technology, General Education Division, Professor, 一般科目, 教授 (30203798)
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| Project Period (FY) |
2001 – 2003
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| Keywords | the U.K. / Armed Forces / Court-martial / Military law / Europen court of human rights |
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| Research Abstract |
The subject of this research is to study a conflict and compromise between "civil law" and "military law" focussing on the reform of court-martial in the U.K. The term of this project was a very good opportunity, because following on a judgement of European Court of Human Rights, the reform of court-martial started with armed forces act 1996, the reform by armed forces discipline act 2000 which connected with summary justice followed and now the other reforms continue.
The concrete results are collecting the judgements by which court-martial will be able to be looked as an independent and impartial tribunal. These include avoiding any involvement by the chain of command in judicial proceedings, an adoption of judicial officers, keeping independence and impartiality of members of court-martial and so on forth.
There are some other subjects which are worth researching for studying the legal position of the armed forces in the constitutional system of the U.K. I would like to continue my research of these subjects.
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