Mike Madden has posted 'Keeping Up with the Common
Law O'Sullivans? The Limits of Comparative Law in the Context of Military
Justice Law Reforms' on SSRN:
Critics of the Canadian military justice system
have recently suggested that Canada should follow developments in military law
that have taken place in Ireland, particularly with respect to the expansive
procedural rights that are now afforded to accused persons who face summary
forms of trial within the Irish system. This article will demonstrate that these
calls for comparative-based law reform fail to appreciate important differences
in the Irish and Canadian environments within which the respective military
justice systems operate, specifically through a case study that discusses the
distinct international human rights law obligations that bind the two states,
and the unique labour climates within the two armed forces. Ultimately, after
illustrating how unwise any comparative-based law reforms would be for Canada
in light of these differences, the article will refer to the Irish/Canadian
case study in order to argue that knowledge of comparative law is now more
useful to responsible scholars as a law reform shield than a sword: in an era
of significantly improved access to foreign legal materials, the scholarly
study of comparative law is needed more in order to critique and deconstruct
unprincipled law reform proposals than to generate new law reform ideas.
Available at SSRN:
http://ssrn.com/abstract=2269098 or
http://dx.doi.org/10.2139/ssrn.2269098.
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