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Author: Mark J. Rozell
Publisher: JHU Press
ISBN: 9780801849008
Category : Political Science
Languages : en
Pages : 222
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Book Description
Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.
Author: Mark J. Rozell
Publisher: JHU Press
ISBN: 9780801849008
Category : Political Science
Languages : en
Pages : 222
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Book Description
Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.
Author: Heidi Kitrosser
Publisher: University of Chicago Press
ISBN: 022619177X
Category : Law
Languages : en
Pages : 292
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Book Description
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Author: Yan Campagnolo
Publisher: UBC Press
ISBN: 0774867116
Category : Political Science
Languages : en
Pages : 350
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Book Description
In an era where government transparency and accountability are considered fundamental values, does Cabinet secrecy still have a place? The legal and political rules that protect the confidentiality of collective decision-making at the highest level of the state executive have come under increasing scrutiny in Canada. Behind Closed Doors: The Law and Politics of Cabinet Secrecy is the first comprehensive work on this controversial doctrine. Yan Campagnolo defends the practice of Cabinet secrecy by demonstrating that it is essential to the proper functioning of responsible government, while finding that the statutory provisions that support secrecy at the federal level are excessively broad and possibly unconstitutional. Employing a comparative analysis of the rules that apply provincially in Canada and in the United Kingdom, Australia, and New Zealand, this meticulous work proposes a feasible solution: specific reforms that would achieve a better balance between transparency and confidentiality.
Author: Rahul Sagar
Publisher: Princeton University Press
ISBN: 0691168180
Category : Political Science
Languages : en
Pages : 304
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Book Description
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.
Author: D. Cole
Publisher: Edward Elgar Publishing
ISBN: 1781953864
Category : Law
Languages : en
Pages : 369
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Book Description
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.
Author: Sudha Setty
Publisher: Cambridge University Press
ISBN: 110713062X
Category : Law
Languages : en
Pages : 247
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Book Description
This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
Author: Mark Rozell
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Dorota Mokrosinska
Publisher: Routledge
ISBN: 0429649436
Category : History
Languages : en
Pages : 223
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Book Description
This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
Author: Karen J. Greenberg
Publisher: Princeton University Press
ISBN: 0691216576
Category : Law
Languages : en
Pages : 288
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Book Description
How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation’s enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today’s leading experts on the US security state shows how these “subtle tools” imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.
Author: Susan Maret
Publisher: Emerald Group Publishing
ISBN: 085724390X
Category : Political Science
Languages : en
Pages : 465
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Book Description
Divided into six sections, this title examines Government secrecy (GS) in a variety of contexts, including comparative examination of government control of information, new definitions, categories, censorship, ethics, and secrecy's relationship with freedom of information and transparency.
