Secrecy And Liberty National Security Freedom Of Expression And Access To Information
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Secrecy And Liberty National Security Freedom Of Expression And Access To Information
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Author : Joan Fitzpatrick
language : en
Publisher: BRILL
Release Date : 2021-09-27
Secrecy And Liberty National Security Freedom Of Expression And Access To Information written by Joan Fitzpatrick and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Secrets Spies And Whistleblowers
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Author :
language : en
Publisher:
Release Date : 2000
Secrets Spies And Whistleblowers written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Disclosure of information categories.
National Security Public Health Exceptions To Human Rights
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Author : Myriam Feinberg
language : en
Publisher: Routledge
Release Date : 2017-10-02
National Security Public Health Exceptions To Human Rights written by Myriam Feinberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-02 with Law categories.
The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.
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.
In The Name Of Security Secrecy Surveillance And Journalism
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Author : Johan Lidberg
language : en
Publisher: Anthem Press
Release Date : 2018-05-15
In The Name Of Security Secrecy Surveillance And Journalism written by Johan Lidberg and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Social Science categories.
The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism? At the core of the book sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision? ‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.
Government Secrecy
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Author : Jan Goldman Ph.D.
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2008-12-30
Government Secrecy written by Jan Goldman Ph.D. and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-30 with Language Arts & Disciplines categories.
Government Secrecy presents the best that has been thought and written on the subject, including history and philosophy, theory and practice, justification and critique. Through readings, which range from Georg Simmel on secrecy and Max Weber on bureaucracy and secret-keeping, to post-9/11 concerns regarding freedom of information and presidential secrecy, it enables readers to explore the issues and questions that surround the government's right to keep necessary secrets—or not. This collection, and the diverse perspectives it represents, will engage students and other interested parties in a discussion of the benefits—and dangers—of government secrecy. The collection is designed to generate questions regarding historical accuracy of government information, information ethics, professional neutrality, ownership of information, public right to information, national security, and transparency. The essays explore the criteria and conditions for government secret-keeping, as well as contributing to public and academic discussion of the role of secrets in democracies.
Harmful Interference In Regulatory Perspective
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Author : Mahulena Hofmann
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-30
Harmful Interference In Regulatory Perspective written by Mahulena Hofmann and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-30 with Law categories.
This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming’; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.
Information Rights
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Author : Philip Coppel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Information Rights written by Philip Coppel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
Transparency In International Law
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Transparency In International Law written by Andrea Bianchi 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 2013-11-07 with Law categories.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Secrets And Leaks
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Author : Rahul Sagar
language : en
Publisher: Princeton University Press
Release Date : 2016-05-10
Secrets And Leaks written by Rahul Sagar and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-10 with Political Science categories.
Secrets and Leaks examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, Rahul Sagar argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously--that is, to "leak" information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, Sagar writes, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.