Download or read book Secrecy National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering
Download or read book National Security Secrecy written by Sudha Setty and published by Cambridge University Press. This book was released on 2017-07-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Download or read book National Security Law written by Stephen Dycus and published by . This book was released on 2007 with total page 1210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please Visit the Companion website: www.aspenlawschool.com/dycus_nationalsecurity4 For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics
Download or read book Top Secret written by Geoffrey R. Stone and published by Rowman & Littlefield Publishers. This book was released on 2007-08-24 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since September 11, 2001, the United States has investigated and prosecuted public employees, journalists, and the press for the dissemination of classified information relating to the national security. What is the cause of the recent tension between the government and the press? Perhaps the media are pressing more aggressively to pierce the government's shield of secrecy. Perhaps the government is pressing more aggressively to expand its shield of secrecy. Perhaps both factors are at work. Top Secret explores not why this is happening, but whether the measures taken and suggested by the executive branch to prevent and punish the public disclosure of classified information are consistent with the First Amendment. This book, the first in the Free Expression in America series, addresses four critical issues: a public employee's right to disclose classified information to a journalist, the government's right to punish the press for publishing classified information, the government's right to punish a journalist for soliciting such information, and a journalist's right to keep his sources anonymous.
Download or read book Freedom of Information and Secrecy in Government written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1959 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 186, to amend the Administrative Procedure Act to require establishment of procedures to give public free access to Federal records.
Download or read book Necessary Secrets National Security the Media and the Rule of Law written by Gabriel Schoenfeld and published by W. W. Norton & Company. This book was released on 2010-05-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intensely controversial scrutiny of American democracy’s fundamental tension between the competing imperatives of security and openness. “Leaking”—the unauthorized disclosure to the press of secret information—is a well-established part of the U.S. government’s normal functioning. Gabriel Schoenfeld examines history and legal precedent to argue that leaks of highly classified national-security secrets have reached hitherto unthinkable extremes, with dangerous potential for post-9/11 America. He starts with the New York Times’ recent decision to reveal the existence of top-secret counterterrorism programs, tipping off al Qaeda operatives to the intelligence methods designed to apprehend them. He then steps back to the Founding Fathers' intense preoccupation with secrecy in the conduct of foreign policy. Shifting to the 20th century, he scrutinizes some of the more extraordinary leaks and their consequences, from the public disclosure of the vulnerability of Japanese diplomatic codes in the years before Pearl Harbor to the publication of the Pentagon Papers in the Nixon era to the systematic exposure of undercover CIA agents by the renegade CIA agent Philip Agee. Returning to our present dilemmas, Schoenfeld discovers a growing rift between a press that sees itself as the heroic force promoting the public’s “right to know” and a government that needs to safeguard information vital to the effective conduct of national defense. Schoenfeld places the tension between openness and security in the context of a broader debate about freedom of the press and its limits. With the United States still at war, Necessary Secrets is of burning contemporary interest. But it is much more than a book of the moment. Grappling with one of the most perplexing conundrums of our democratic order, it offers a masterful contribution to the enduring challenge of interpreting the First Amendment.
Download or read book The National Security Constitution written by Paul Scott and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Secrecy and Liberty National Security Freedom of Expression and Access to Information written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-09-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book National Security in the Courts written by Derigan Almond Silver and published by LFB Scholarly Publishing. This book was released on 2010 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and rely on some modes of legal analysis while ignoring others gives the judges the flexibility to mold la regarding national security information.
Download or read book Report of the Commission on Protecting and Reducing Government Secrecy written by United States. Commission on Protecting and Reducing Government Secrecy and published by . This book was released on 1997 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Security and the U S Constitution written by George C. Edwards and published by . This book was released on 1988 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Top Secret written by Morton H. Halperin and published by . This book was released on 1977 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governmental Secrecy and the Founding Fathers written by Daniel N. Hoffman and published by Westport, Conn. : Greenwood Press. This book was released on 1981 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hoffman traces the origins of executive secrecy and the legal and political efforts to control it since the Federalist era, focusing on the Jay Treaty Struggle, the XYZ Affair and the 1798 Sedition Act.
Download or read book Routledge Handbook of Law and Terrorism written by Genevieve Lennon and published by Routledge. This book was released on 2015-07-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
Download or read book Official Secrets and Oversight in the EU written by Vigjilenca Abazi and published by Oxford University Press. This book was released on 2019-04-09 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional practice of oversight at the European Parliament and the Court of Justice of the European Union that disproportionately favour secrecy and the protection of classified documents while creating serious limitations to open democratic deliberations and access to justice, and delivers new insights on the EU's development as a security actor as well as its autonomy from Member States, showing how rules on official secrets were a means for the EU to gain more autonomy in external security cooperation.
