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Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle
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Special Advocates in the Adversarial System (Paperback)
Loot Price: R1,413
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Special Advocates in the Adversarial System (Paperback)
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The last twenty years have seen an unprecedented rise in the use of
secret courts or 'closed material proceedings' largely brought
about in response to the need to protect intelligence sources in
the fight against terrorism. This has called into question the
commitment of legal systems to long-cherished principles of
adversarial justice and due process. Foremost among the measures
designed to minimise the prejudice caused to parties who have been
excluded from such proceedings has been the use of 'special
advocates' who are given access to sensitive national security
material and can make representations to the court on behalf of
excluded parties. Special advocates are now deployed across a range
of administrative, civil and criminal proceedings in many common
law jurisdictions including the UK, Canada, New Zealand, Hong Kong
and Australia. This book analyses the professional services special
advocates offer across a range of different types of closed
proceedings. Drawing on extensive interviews with special advocates
and with lawyers and judges who have worked with them, the book
examines the manner in which special advocates are appointed and
supported, how their position differs from that of ordinary counsel
within the adversarial system, and the challenges they face in the
work that they do. Comparisons are made between different special
advocate systems and with other models of security-cleared counsel,
including that used in the United States, to consider what changes
might be made to strengthen their adversarial role in closed
proceedings. In making an assessment of the future of special
advocacy, the book argues that there is a need to reconceptualise
the unique role that special advocates play in the administration
of justice.
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