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Rights and military status
Journal Title: DIRITTO COSTITUZIONALE 
Author/s: Antonio Cassatella 
Year:  2022 Issue: Language: Italian 
Pages:  22 Pg. 95-116 FullText PDF:  215 KB
DOI:  10.3280/DC2022-001005
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The essay deals with the decisions addressed to the soldier in service. The author examines the the judicial review of the decisions and explains how it affects the condition of the soldier. It’s argued that the rights of the soldiers have less protection than the rights of citizens, because every soldier is subject to the orders of their hierarchical superiors. Such orders cannot be subject to in-depth review, as judicial control would make their execution inefficient. Consequently, the position of the military cannot be fully assimilated to that of citizens, even with reference to the enjoyment of fundamental rights.
Keywords: soldiers; orders; administrative decisions; rule of law; due process; judicial review.

Antonio Cassatella, Rights and military status in "DIRITTO COSTITUZIONALE" 1/2022, pp. 95-116, DOI:10.3280/DC2022-001005

   

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