Secrecy, National Security and the Vindication of Constitutional Law

Secrecy, National Security and the Vindication of Constitutional Law
Author: D. Cole
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2013
Genre: Law
ISBN: 1781953864

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.

Democratic Oversight of Intelligence Services

Democratic Oversight of Intelligence Services
Author: Daniel Baldino
Publisher: Federation Press
Total Pages: 244
Release: 2010
Genre: Political Science
ISBN: 9781862877412

This book addresses the development, and the challenges and impediments, to democratic oversight and review of the intelligence community in Australia, Japan, Canada, New Zealand, the US and UK. The promotion of democratic oversight of the intelligence community has gained renewed significance in the aftermath of 9/11.

Intelligence, Biosecurity and Bioterrorism

Intelligence, Biosecurity and Bioterrorism
Author: Patrick F. Walsh
Publisher: Springer
Total Pages: 303
Release: 2018-09-18
Genre: Law
ISBN: 113751700X

This book explores how potential bio-threats and risks may evolve post 9/11 given the rapid changes in biotechnology and synthetic biology. It also explores what role intelligence communities can play in understanding threats and risks. It argues that although bio-threats and risks are largely low probability and high impact in nature, intelligence in ‘Five Eyes’ countries remain insufficiently prepared to understand them. This book identifies key areas where intelligence reforms need to take place including a more strategic and systematic collaboration between national security/law enforcement intelligence and the scientific community. It is aimed at intelligence analysts, those in the scientific community working on health security threats, policy makers and researchers working on biosecurity and bioterrorism threats and risks.

The Bridge in the Parks

The Bridge in the Parks
Author: Dennis G. Molinaro
Publisher: University of Toronto Press
Total Pages: 266
Release: 2021-07-30
Genre: Political Science
ISBN: 148753163X

Established in the 1940s, the Five Eyes intelligence network consists of Australia, Britain, Canada, New Zealand, and the United States. The alliance was integral to shaping domestic and international security decisions during the Cold War, yet much of the intelligence history of these countries remains unknown. In The Bridge in the Parks, intelligence scholars from across the Five Eyes come together to present case studies detailing the varied successes and struggles their countries experienced in the world of Cold War counter-intelligence. The case studies draw on newly declassified documents on a variety of topics, including civil liberties, agent handling, wiretapping, and international relations. Collectively, these studies highlight how Cold War intelligence history is more nuanced than it has often been portrayed – and much like in the world of intelligence, nothing is ever entirely as it seems.

Top Secret Canada

Top Secret Canada
Author: Stephanie Carvin
Publisher: University of Toronto Press
Total Pages: 408
Release: 2021-03-01
Genre: Political Science
ISBN: 1487536666

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.

Intelligence As Democratic Statecraft

Intelligence As Democratic Statecraft
Author: Christian Leuprecht
Publisher: Oxford University Press
Total Pages: 261
Release: 2021
Genre: Political Science
ISBN: 0192893947

"It was well known to the Greeks that the phenomenon of vagueness in natural language gives rise to hard problems and paradoxes, yet more than two millennia passed before Philosophy began to pay any degree of concerted attention to the challenges of vagueness to match the effort expended, for example, on the Liar paradox and its kin. This situation changed dramatically in the last quarter of the twentieth century, when the Sorites paradox in particular began to provoke a dramatic intensification of research and publication. Crispin Wright has been in the international vanguard of the resulting modern debates that have attracted some of the most distinguished contemporary philosophers of logic and language. The Riddle of Vagueness collects together fourteen of Wright's highly influential publications in this field. The chapters together encompass almost half a century of evolving thought on the central problems and challenges which vagueness poses: what exactly is vagueness, what does its pervasiveness in natural language show about the nature of language mastery, is it desirable to modify classical logic and semantics in the face of the Sorites and, if so, what form should the modifications take? Richard Kimberly Heck contributes a substantial introduction to the volume, providing an invaluable summary of these fundamental issues, and an overview and evaluation in depth of the evolving course of Wright's ideas about them."--Publisher's description

National Security Law

National Security Law
Author: Craig Forcese
Publisher:
Total Pages: 690
Release: 2008
Genre: Law
ISBN:

National Security Law is a comprehensive handbook that focuses on the law and legal instruments governing the Canadian state's response to events that jeopardize its national security. This text, part of Irwin Law's Essentials of Canadian Law series, is informed by international and comparative law. It is up to date to the end of July 2007.

Comparative Policing

Comparative Policing
Author: M. R. Haberfeld
Publisher: SAGE Publications
Total Pages: 433
Release: 2007-12-17
Genre: Social Science
ISBN: 1544340249

"A wonderful resource, user friendly and very well written." - Timothy J. Horohol, John Jay College A unique approach to studying police forces around the globe How do police forces around the world move toward democratization of their operations and responses? Analyzing police forces from 12 different countries, Comparative Policing: The Struggle for Democratization assesses the stages of each country based on the author′s development of a "Continuum of Democracy" scale. Key Features Using five basic themes, this book uses the following criteria to rank and evaluate where each country falls on the continuum, clarifying how policing practices differ: · History of a democratic form of government · Level of corruption within governmental organizations and the oversight mechanisms in place · Scope of and response to civil disobedience · Organization structures of police departments · Operational responses to terrorism and organized crime Intended Audience: This unique analysis of policing is an ideal text for undergraduate and graduate courses in Comparative Criminal Justice, Police Studies, Policing and Society, and Terrorism in departments of criminal justice, criminology, sociology, and government.