Rights and military status

Author/s Antonio Cassatella
Publishing Year 2022 Issue 2022/1
Language Italian Pages 22 P. 95-116 File size 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, Situazioni giuridiche soggettive e status militare in "DIRITTO COSTITUZIONALE" 1/2022, pp 95-116, DOI: 10.3280/DC2022-001005