Australia gets it wrong.

[RetiredGySgt]

Why the previous Government would feel a need to change a functioning system with one now thrown out is beyond me.

Australian military court ruled unconstitutional - Yahoo! News

 

[midcan5]

That actually sounds reasonable, groups tend to engage in group think and having an impartial judge makes sense to me.

 

[RetiredGySgt]

That actually sounds reasonable, groups tend to engage in group think and having an impartial judge makes sense to me.

The Courts Martial system HAS independent Judges. Australia went from an Independent military court system to one beholding to the chain of command. THAT is why the Court threw it out.

The way Courts martials work is through an independent Judicial branch in the Military. Usually called the Judge Advocate branch. Totally separate and beyond the control of other military commands and units. All the local commands can do is prefer the charges. They have no control over who the Judge or defense and prosecution will be. They have no control over the Lawyers and Judges at all. All they provide is the information and a pool for the Court to pick jurors from.