The Rule of Law Perspective of Military Conscription – Is It a Mere Means to Justify Ends?

The concept of ‘Rule of law’ is a celebrated legal philosophy and socio-political objective. In theory, it facilitates democratic functioning of a state, and guarantees legal certainty to the citizens. The essay argues how the notion of ‘Rule of Law’ is being perceived as a means to justify unpopular or unwarranted state actions, by studying the inherent treatment of the principle of ‘Rule of law’ in the practice of military conscription. The essay examines how the idea of conscription is wrongly perceived to unconditionally uphold the principle of ‘Rule of law’; and how in practice conscription policies actually exhibit tendencies vitiating certain ‘Rule of law’ values like accountability, certainty, proportionality, and legality. In contemporary legal systems, these ideals are the basic expectations from military functioning. The essay firmly negates the rhetorical insistence of military conscription being a flag bearer of the doctrine of ‘Rule of law’ and underscores the importance of prioritizing free-market recruitment. Alternatively, if conscription is indeed employed, it is emphasized that the practise ought to be supported by a robust legal framework and active executive accountability to ensure that the system upholds the principles of ‘Rule of law’ without compromise.