martial law

martial law. The term has been used in two senses which may cause confusion:

1. The rules which apply to military discipline and related matters. The discipline exercised over the army, particularly a standing army, required special rules and special measures. These rules are now more accurately called military law.

2. The rules and discipline which exist at times of public emergency, and displace the ordinary principles of the law. This notion has been of greater constitutional importance. A proclamation of martial law would therefore suspend or alter the usual operation of the law and people may be punished and, on occasion, even executed by order of special tribunals set up in this way. This was one of the grievances objected to in the petition of right and the Bill of Rights.

The prevailing legal opinion is that there is no such thing as ‘martial law’ except in so far as the crown must have certain powers to act in the case of emergency, e. g. to put down a rebellion. This is not a special code of law but rather an example of the principle of necessity.

Maureen Mulholland