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Secrecy and Liberty: National Security, Freedom of Expression and Access to Information (Hardcover)
Loot Price: R6,204
Discovery Miles 62 040
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Secrecy and Liberty: National Security, Freedom of Expression and Access to Information (Hardcover)
Series: International Studies in Human Rights, 58
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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 tosupport 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.
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