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National Security Secrecy: Comparative Effects on Democracy and the Rule of Law


ISBN13: 9781107576476
Published: July 2017
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £29.99



Despatched in 6 to 8 days.

Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law.

In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world.

In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.

Subjects:
Other Jurisdictions , USA
Contents:
Introduction

Part I. The Infrastructure of Secrecy in the United States:
1. Executive branch secrecy
2. Congressional complicity
3. An overly deferential judiciary

Part II. Comparative Perspectives on Transparency:
4. International and supranational norms
5. The United Kingdom
6. India

Part III. Societal Tolerance for National Security Secrecy:
7. Public and political resilience
8. Individual privacy and secrecy: a matter of contract or a human right?

Conclusion.

Series: ASCL Studies in Comparative Law

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