Judicial Review Of National Security
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Judicial Review Of National Security
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Author : David Scharia
language : en
Publisher: Terrorism and Global Justice
Release Date : 2015
Judicial Review Of National Security written by David Scharia and has been published by Terrorism and Global Justice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.
Freedom Of Information And National Security
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Author : Amin Pashaye Amiri
language : en
Publisher: Herbert Utz Verlag
Release Date : 2015-01-06
Freedom Of Information And National Security written by Amin Pashaye Amiri and has been published by Herbert Utz Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-06 with categories.
Protecting sensitive national security information is among a government’s most significant duties. However, this concept may be used to adversely limit the public’s right to access to government-held information. Therefore, striking a reasonable balance between these competing interests is of great importance for any society. How important to the creation of such a balance is effective judicial review of government decisions denying public access to information on national security grounds? How should judicial review of these decisions be conducted? “Freedom of Information and National Security: A Study of Judicial Review under U.S. Law” seeks to answer these questions. It offers proposals for the improvement of judicial review of public bodies’ decisions in the U.S. and provides suggestions for conducting effective judicial review in other countries.
Judicial Review Rights And National Security Microform The Balancing Act
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Author : Lisa Jennifer Hepplewhite
language : en
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
Release Date : 2005
Judicial Review Rights And National Security Microform The Balancing Act written by Lisa Jennifer Hepplewhite and has been published by Library and Archives Canada = Bibliothèque et Archives Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Judicial review categories.
Secrecy National Security And The Vindication Of Constitutional Law
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Author : D. Cole
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013
Secrecy National Security And The Vindication Of Constitutional Law written by D. Cole and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
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.
National Security Law Procedure And Practice
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Author : Caroline Stone
language : en
Publisher: Oxford University Press
Release Date : 2024-05-23
National Security Law Procedure And Practice written by Caroline Stone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-23 with Law categories.
A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.
National Security And The Legal Process
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Author : Philip D. O'Neill (Jr.)
language : en
Publisher:
Release Date : 2008
National Security And The Legal Process written by Philip D. O'Neill (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
"Explores the impact of terror and WMD proliferation on national and international law as it pertains to areas ranging from sovereignty vs. intervention under international law to 21st century topics including terror finance, electronic intelligence gathering and detention practices. Volume 2 serves as a documentary research tool providing original text of the various documents discussed in Volume 1"--Provided by publisher.
National Security And Double Government
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Author : Michael J. Glennon
language : en
Publisher: Oxford University Press
Release Date : 2016-11-15
National Security And Double Government written by Michael J. Glennon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-15 with Law categories.
Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.
Free Speech And National Security
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-10-18
Free Speech And National Security written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
Judicial Review Of National Security
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Author : David Scharia
language : en
Publisher:
Release Date : 2015
Judicial Review Of National Security written by David Scharia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Judicial review categories.
In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
In The Common Defense
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Author : James E. Baker
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-21
In The Common Defense written by James E. Baker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-21 with Political Science categories.
The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.