What is Ex Parte Milligan (1866)?

Introduction Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the US Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln’s administration the power of military… Read More

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What is a Military Government?

Introduction A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occupying power. It is usually carried out by military workers. Types of military… Read More

What is Martial Law?

Introduction Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martial law can be used by governments to enforce their rule over the public, as seen… Read More

What was the Restoration of Order in Ireland Act 1920 (UK)?

Introduction The Restoration of Order in Ireland Act 1920 (10 & 11 Geo. 5 c. 31) was an Act of the Parliament of the United Kingdom passed on 9 August 1920 to address the collapse of the British civilian administration in Ireland during the Irish War of Independence. In effect a special extension of the… Read More

What is Martial Law & Jurisdiction?

What is Martial Law? Martial Law is simply military authority exercised in accordance with the laws and usages of war. What is Military Jurisdiction (The First Viewpoint)? Military jurisdiction is of two kinds: That which is conferred and defined by statute; and That which is derived from the common law of war. Military offences under… Read More