what is martial law?

Question

we have heard many times about the army toppling the pm and establishing the martial law. what exactly is this law? what are the circumstances and how are the laws applied during this time. what powers does the public have.

Answer 1

Martial law is the suspension of all normal legal codes and the direct imposition of military control of civil society by the government itself.

Answer 2

Martial Law Definition

Answer 3

Define Martial Law

Answer 4

Bush cleverly placed that little paragraph into the Patriot Act and Congress missed it. I am still watching Bush closely b/c he can declare himself dictator and declare Martial Law for MANY reasons ... one of them being economic instability. BUsh has also made a deal with the Canadian Armed Forces to protect the US govt should the people get out of control. I doubt that Obama would enforce this, but he IS controlled by the corporations so I would not, as yet, say that it would be an impossibility, but I have been wondering why Bush has not declared it yet and postponed the elections. This still might happen if it looks like Obama will win during the vote tallies. If McCain were to perform a miracle and win the election I would almost GUARANTEE that HE would enforce the rule and seize control, ESPECIALLY if the Al-Qaeda back up their veiled threat to attack the US IF and WHEN McCain is elected. BUt it is looking like McCain no longer has a chance to win and people are still discovering more and more about McCain and Palin each day so his chances dwindle more each day. CHECK OUT the website listed below and you'll see what a REAL possibility this really is and you'll be disturbed and frightened even more. BUt, just to console you a bit, there are alternative realities already in the works that will protect and save the citizens of the USA. We're not totally done in as yet. There is STILL Hope. Peace, Love, Light I AM Dartagnon

Answer 5

Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice.

Usually martial law reduces some of the personal rights ordinarily granted to the citizen, limits the length of the trial processes, and prescribes more severe penalties than ordinary law. In many countries martial law prescribes the death penalty for certain crimes, even if ordinary law does not contain that crime or punishment in its system

Answer 6

Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice.

Usually martial law reduces some of the personal rights ordinarily granted to the citizen, limits the length of the trial processes, and prescribes more severe penalties than ordinary law. In many countries martial law prescribes the death penalty for certain crimes, even if ordinary law does not contain that crime or punishment in its system.

Originally martial law was imposed during wars or occupations to let the government control population more effectively in spite of heightened unrest. Nowadays it is most commonly used by authoritarian governments to enforce their rule, for example after coup d'état (Thailand 2006), when threatened by popular protests (PRC 1989), or to crack down on the opposition (Poland 1981). Martial law can also be declared in cases of major natural disasters, however most countries use a different legal construct like "state of emergency".

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to a military tribunal, called a court-martial. The suspension of the writ of habeas corpus is likely to occur.

Answer 7

In the USA, the real martial law is the UCMJ, the Uniform Code of Military justice. This applies to service members.
Martial refers to the military. It stands for an abbreviated justice proceeding without all, or perhaps any, of the rights of normal peacetime proceedings.
It means suspension of Constitutional Rights, and as such is not legally justifiable, to me.
http://en.wikipedia.org/wiki/Martial_law
It is an ad hoc proceeding, and when it is declared, the penalties for crimes are generally announced to deter riots and intimidate people into obedience.
Rules of engagement must be made clear to the troops, and they must be trained to be police, or atrocities can occur, on purpose, or by accident.
Military members are trained as combatants, not for policing, which requires a decisive restraint, and is much more difficult.
Martial law is a very dicey stuation.

Answer 8

Martial law is taking police or military over.

Answer 9

Martial law is a rule bu a Junta, a temporary government created with the Military, who exercises rules until a civilian takes over.

Answer 10

[edit] United States of America
The martial law concept in the U.S. is closely tied with the Writ of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion; the public Safety may require it."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In Ex parte Milligan 71 US 2 1866, the Supreme Court of the United States held that martial law could not be instituted within the United States when its civilian courts are in operation. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. The National Guard is an exception, since unless federalized, they are under the control of state governors. [5]

This has now changed. Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17th, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense."

http://leahy.senate.gov/press/200609/092906b.html