Edited by David Cole, Federico Fabbrini and Arianna Vedaschi
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.
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- 01 Secrecy, National Security and the Vindication of Constitutional Law
- 01 Copyright
- 01 Contents
- 01 Contributors
- 01 Foreword
- Chapter 1: Introduction
- Chapter 2: Terrorism and security: back to the future?
- Chapter 3: Oversight of national security secrecy in the United States
- Chapter 4: Secrecy vs. openness: counterterrorism and the role of the German Federal Constitutional Court
- Chapter 5: Formalism and state secrets
- Chapter 6: Direct and indirect access to intelligence information: lessons in legislative oversight from the United States and Canada
- Chapter 7: Arcana Imperii and Salus Rei Publicae: state secrets privilege and the Italian legal framework
- Chapter 8: Managing secrecy and its migration in a post-9/11 world
- Chapter 9: National security, secret evidence and preventive detentions: the Israeli Supreme Court as a case study
- Chapter 10: Secrecy and control orders: the role and vulnerability of constitutional values in the United Kingdom and Australia
- Chapter 11: Comparative advantages: secret evidence and ‘cleared counsel’ in the United States, the United Kingdom and Canada
- Chapter 12: The normalization of anonymous testimony
- Chapter 13: Terrorists on trial: an open or closed case?
- Chapter 14: In/visible courts: military tribunals as other spaces
- Chapter 15: Administrative counter-terrorism measures – a strategy to circumvent human rights in the fight against terrorism?
- Chapter 16: Secret evidence in EU security law: special advocates before the Court of Justice?
- Chapter 17: Global sanctions, state secrets and supranational review: seeking due process in an interconnected world
- Chapter 18: Secrecy regulation by the European Union inside out
- Chapter 19: Concluding remarks
- 01 Index
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