Question

Which kind of challenge arise under martial laws and military rule to the democratic government in 3 Mark's questions

Answer 1

Answer:

• By the 1960s, it was generally agreed, at least in the United
• States, that Martial Law is distinct from Military Law.28 Disagreement existed as to whether Martial Law is a “replacement for an otherwise functioning civil government”29 or, as a “supplement only to
• those functions of civil government which have been disrupted by the
• disturbance.”30 If the position before 1960 is consulted, we will see
• that the second view is consistent with the historically accepted position. Martial Law cannot be proclaimed to replace an otherwise functioning civilian government. Rather, it is proclaimed if the civilian
• government is unable to effectively discharge its functions. Thus proclaimed, if the civilian government is allowed to function, it is so allowed only because such is the will of the military commander. We
• will return to this idea later.
• Whereas Military Law applies only to the members of the military and armed forces and is statutory and exists for the preservation
• of discipline and order in the military and armed forces, Martial Law
• puts the military in charge of an area that is under distress and where
• calling out the military to preserve order is necessary, thus making
• Martial Law a part of constitutional law.31 Martial Law, justified and
• continued only by necessity, is not statutory32 and can be proclaimed,
• in the words of Sir John Mackintosh, “When foreign invasion or civil
• war renders it impossible for the Courts of law to sit, or to enforce the
• execution of their judgments, [and] it becomes necessary to find a rude
• substitute for them, and to employ for that purpose the military, which
• is the only remaining force in the community.”33 Those that govern a
• nation must decide, during times of peace as well as war,34 whether or
• not to proclaim Martial Law.

Answer 2

Explanation:

HOLA MATE

Answer:

✔Martial law, temporary rule by military authorities of a designated area in time of emergency when the civil authorities.

✔Military rule as a form of autocratic governance can mean either rule by a military strongman unconstrained by other officers or rule by a group of high-ranking officers who can limit the dictator's discretion.

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