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Author: Sudha Setty Publisher: Cambridge University Press ISBN: 110713062X Category : Law Languages : en Pages : 247
Book Description
This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
Author: Sudha Setty Publisher: Cambridge University Press ISBN: 110713062X Category : Law Languages : en Pages : 247
Book Description
This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
Author: D. Cole Publisher: Edward Elgar Publishing ISBN: 1781953864 Category : Law Languages : en Pages : 369
Book Description
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Author: Matthew Potolsky Publisher: Routledge ISBN: 0429558988 Category : History Languages : en Pages : 184
Book Description
Why do recent depictions of government secrecy and surveillance so often use images suggesting massive size and scale: gigantic warehouses, remote black sites, numberless security cameras? Drawing on post-War American art, film, television, and fiction, Matthew Potolsky argues that the aesthetic of the sublime provides a privileged window into the nature of modern intelligence, a way of describing the curiously open secret of covert operations. The book tracks the development of the national security sublime from the Cold War to the War on Terror, and places it in a long history of efforts by artists and writers to represent political secrecy.
Author: Kaeten Mistry Publisher: Columbia University Press ISBN: 0231550685 Category : Political Science Languages : en Pages : 223
Book Description
The twenty-first century witnessed a new age of whistleblowing in the United States. Disclosures by Chelsea Manning, Edward Snowden, and others have stoked heated public debates about the ethics of exposing institutional secrets, with roots in a longer history of state insiders revealing privileged information. Bringing together contributors from a range of disciplines to consider political, legal, and cultural dimensions, Whistleblowing Nation is a pathbreaking history of national security disclosures and state secrecy from World War I to the present. The contributors explore the complex politics, motives, and ideologies behind the revelation of state secrets that threaten the status quo, challenging reductive characterizations of whistleblowers as heroes or traitors. They examine the dynamics of state retaliation, political backlash, and civic contests over the legitimacy and significance of the exposure and the whistleblower. The volume considers the growing power of the executive branch and its consequences for First Amendment rights, the protection and prosecution of whistleblowers, and the rise of vast classification and censorship regimes within the national-security state. Featuring analyses from leading historians, literary scholars, legal experts, and political scientists, Whistleblowing Nation sheds new light on the tension of secrecy and transparency, security and civil liberties, and the politics of truth and falsehood.
Author: Gabriel Schoenfeld Publisher: W. W. Norton & Company ISBN: 0393339939 Category : Law Languages : en Pages : 323
Book Description
An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Author: Johan Lidberg Publisher: Anthem Press ISBN: 1783087706 Category : Political Science Languages : en Pages : 274
Book Description
The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism? At the core of the book sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision? ‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.
Author: Joan Fitzpatrick Publisher: BRILL ISBN: 9004481796 Category : Law Languages : en Pages : 592
Book Description
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Author: Matthew M. Aid Publisher: Bloomsbury Publishing USA ISBN: 160819096X Category : History Languages : en Pages : 433
Book Description
Presents a history of the agency, from its inception in 1945, to its role in the Cold War, to its controversial advisory position at the time of the Bush administration's search for weapons of mass destruction in Iraq, shortly before the invasion of 2003.
Author: Stephanie Carvin Publisher: University of Toronto Press ISBN: 1487536666 Category : Political Science Languages : en Pages : 408
Book Description
National security in the interest of preserving the well-being of a country is arguably the first and most important responsibility of any democratic government. Motivated by some of the pressing questions and concerns of citizens, Top Secret Canada is the first book to offer a comprehensive study of the Canadian intelligence community, its different parts, and how it functions as a whole. In taking up this important task, contributors aim to identify the key players, explain their mandates and functions, and assess their interactions. Top Secret Canada features essays by the country’s foremost experts on law, foreign policy, intelligence, and national security, and will become the go-to resource for those seeking to understand Canada’s intelligence community and the challenges it faces now and in the future.
Author: Sudha Setty
Author: Sudha Setty
Author: D. Cole
Author: Matthew Potolsky
Author: Scott Horton
Author: Kaeten Mistry
Author: Gabriel Schoenfeld
Author: Johan Lidberg
Author: Joan Fitzpatrick
Author: Matthew M. Aid
Author: Stephanie Carvin