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Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle
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Secrecy, National Security and the Vindication of Constitutional Law (Hardcover)
Loot Price: R4,012
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Secrecy, National Security and the Vindication of Constitutional Law (Hardcover)
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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 - and evils of - 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
'state secrets', 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.
Contributors: O. Aronson, K. Clark, D. Cole, D. Curtin, F.
Fabbrini, T. Fischer, L. Garlicki, S. Krebs, N. Lomjaria, A. Lynch,
J. Mazzone, C.C. Murphy, T. Ojanen, K. Roach, M. Scheinin, S.
Schulhofer, S. Sedley, S. Setty, T. Tulich, M. Vashakmadze, A.
Vedaschi, S.I. Vladeck, C. Walker, R. Welsh
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