Description
Military Law under examination
Book summary
This work offers a rigorous and updated analysis of the legal framework governing the Armed Forces in Spain. The reader will find a detailed review of the military organization, from its constitutional fit to the rights, duties, and responsibilities of its members. With a focus on the principle of civil supremacy and political neutrality, the book examines recent legislative evolution and addresses scenarios of constitutional anomaly, providing a comprehensive vision of contemporary military law.
What is it about?
The book delves into the structure and organization of the military establishment, analyzing its fit within the Spanish constitutional order. It examines the configuration of the duties and rights of military personnel within special subjection relationships, as well as their criminal and disciplinary responsibilities. The work pays special attention to the principle of civil supremacy, articulated around political neutrality, and to the debates that arose during the constituent process regarding the nature of the Armed Forces, based on the interpretation of Article 8 of the Spanish Constitution.
Furthermore, it explores the historical evolution and recent legislative developments in the field of military law, highlighting its adaptation to the constitutional framework and the current social and political context. It evaluates military participation in the cases of constitutional anomaly provided for in Article 116 of the Magna Carta, as well as in a hypothetical scenario where the Government exceeds the limits established by Article 8.1. Through a theoretical approach and the analysis of relevant jurisprudential cases, both national and international, the book provides a comprehensive and updated vision of military law.
Main topics
- Constitutional fit of the Armed Forces and analysis of Article 8 of the Spanish Constitution.
- Rights, duties, and criminal and disciplinary responsibilities of military personnel.
- Principle of civil supremacy and political neutrality of the military establishment.
- Recent legislative evolution and adaptation of military law to the current context.
- Military participation in scenarios of constitutional anomaly and limits on governmental power.
Who is it recommended for?
This work is aimed at jurists, academics, and law students interested in constitutional, administrative, and military law. It is also very useful for security and defense professionals, as well as for any reader who wishes to understand in depth the role of the military establishment from a rigorous and updated legal perspective.
What this book contributes
- A detailed and updated analysis of the legal framework governing the Armed Forces in Spain.
- A deep understanding of the relationship between civil power and the military establishment, based on the Constitution.
- Keys to understanding the rights, duties, and responsibilities of military personnel in the Spanish legal system.
- A comprehensive perspective that combines legal theory with the analysis of relevant jurisprudence.
Technical specifications
- Author: FERNANDEZ-ROCA SUAREZ, CARLOS HUGO
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: CONSTITUTIONAL AND ADMINISTRATIVE LAW, MILITARY LAW
- Collection: SECURITY AND DEFENSE COLLECTION
- Binding: Paperback
- Edition date: June 2024
- Number of pages: 310
- Weight: 610 g
Editorial review
Military Law under examination presents itself as a reference work for those seeking a rigorous and well-founded analysis of military legislation in Spain. Its author, with a solid academic background and practical experience, manages to combine theoretical study with the analysis of real cases, offering a complete and updated vision. It is recommended reading for specialists and students who wish to delve into the complex relationship between constitutional law and the military sphere.