From Secrecy To Openness

Open Sesame: Looking for the Right to Information in the Commonwealth (2003)

Secrecy, National Security and the Vindication of Constitutional Law

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.

Balancing the Secrets of Private Disclosures

This book joins together disclosure, privacy, and secrecy to pursue a greater understanding of how people are both public and private in their interactions. To be social yet autonomous, known yet unknown, independent yet dependent on others is essential to the communicative world. How do people manage these seemingly incongruous goals? This book argues that they actively work at balancing simultaneous needs of being both public and private. It highlights many different ways that people balance their public needs with their privacy needs underscoring the multidimensional nature of balance. The chapters also show that the opposing needs occur within a variety of contexts, from health issues, such as HIV/AIDS, to television talk shows. Readers will discover that avoiding disclosure is a dominant theme. In this way, the authors demonstrate how people balance privacy and secrecy by deemphasizing openness. Taken as a whole, this volume offers a refreshing new look at age-old concerns.