MI5, the Cold War, and the Rule of Law

MI5, the Cold War, and the Rule of Law
Author: Keith Ewing
Publisher: Oxford University Press
Total Pages: 529
Release: 2020-03-05
Genre: Law
ISBN: 0192550608

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5's mandate after the Second World War which set out its role and functions, and to a limited extent the lines of accountability, the surveillance targets of MI5 and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate. As lawyers the authors' concern is to consider these questions within the context of the rule of law, one of the core principles of the British constitution, the values of which it was the duty of the Security Service to uphold. Based on extensive archival research, it suggests that MI5 operated without legal authority or exceeded the legal authority it did have.

MI5, the Cold War, and the Rule of Law

MI5, the Cold War, and the Rule of Law
Author: Keith Ewing
Publisher: Oxford University Press
Total Pages: 528
Release: 2020-03-05
Genre: Law
ISBN: 0192550594

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5's mandate after the Second World War which set out its role and functions, and to a limited extent the lines of accountability, the surveillance targets of MI5 and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate. As lawyers the authors' concern is to consider these questions within the context of the rule of law, one of the core principles of the British constitution, the values of which it was the duty of the Security Service to uphold. Based on extensive archival research, it suggests that MI5 operated without legal authority or exceeded the legal authority it did have.

International Law and the Cold War

International Law and the Cold War
Author: Matthew Craven
Publisher: Cambridge University Press
Total Pages: 615
Release: 2020
Genre: History
ISBN: 110849918X

This is the first book to examine in detail the relationship between the Cold War and International Law.

The Constitution of Social Democracy

The Constitution of Social Democracy
Author: Alan Bogg
Publisher: Bloomsbury Publishing
Total Pages: 416
Release: 2020-07-09
Genre: Political Science
ISBN: 1509916598

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

PRC Overseas Political Activities

PRC Overseas Political Activities
Author: Andrew Chubb
Publisher: Routledge
Total Pages: 104
Release: 2021-09-06
Genre: Political Science
ISBN: 1000520722

Political elites in liberal democracies are showing heightened concern about threats to national security from the overseas political activities of the People’s Republic of China (PRC) and its supporters. This Whitehall Paper argues that an effective liberal democratic policy response requires careful disaggregation of distinct sets of risks: to national security; civil liberties; and academic freedom. Although widely cited as a model to follow, Australia’s response to these issues illustrates how aggregation of these diverse risks into a singular national security threat – commonly labelled ‘Chinese influence’ – can produce alarmist public policy discourse, legislative overreach and mismatched institutional responsibilities. The Paper suggests a set of measures for liberal democracies to manage their engagement with China’s powerful and increasingly authoritarian party-state.

Intelligence Oversight in Times of Transnational Impunity

Intelligence Oversight in Times of Transnational Impunity
Author: Didier Bigo
Publisher: Taylor & Francis
Total Pages: 224
Release: 2023-12-01
Genre: Political Science
ISBN: 1003821219

This book adopts a critical lens to look at the workings of Western intelligence and intelligence oversight over time and space. Largely confined to the sub-field of intelligence studies, scholarly engagements with intelligence oversight have typically downplayed the violence carried out by secretive agencies. These studies have often served to justify weak oversight structures and promoted only marginal adaptations of policy frameworks in the wake of intelligence scandals. The essays gathered in this volume challenge the prevailing doxa in the academic field, adopting a critical lens to look at the workings of intelligence oversight in Europe and North America. Through chapters spanning across multiple disciplines – political sociology, history, and law – the book aims to recast intelligence oversight as acting in symbiosis with the legitimisation of the state’s secret violence and the enactment of impunity, showing how intelligence actors practically navigate the legal and political constraints created by oversight frameworks and practices, for instance by developing transnational networks of interdependence. The book also explores inventive legal steps and human rights mechanisms aimed at bridging some of the most serious gaps in existing frameworks, drawing inspiration from recent policy developments in the international struggle against torture. This book will be of much interest to students of intelligence studies, sociology, security studies, and international relations.

Cold War Political Justice

Cold War Political Justice
Author: Michal R. Belknap
Publisher: Praeger
Total Pages: 0
Release: 1977-12-27
Genre: Political Science
ISBN: 0837196922

In October 1948, 11 leaders of the Communist Party-USA were convicted of conspiring, in contravention of the 1940 Smith Act, to advocate the revolutionary overthrow of the U.S. government. This book recounts the trial in its fullest context, beginning in the late 1930's with the origins of the Smith Act, and ending with the last government attacks upon the Communist Party in the late 1950's. In the process, the author expertly surveys a politico-judicial conflict that figures most prominently in the history of American civil liberties.