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Author: Mark J. Rozell
Publisher: JHU Press
ISBN: 9780801849008
Category : Executive privilege (Government information)
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: Dorothee Riese
Publisher: Springer Nature
ISBN: 3031306058
Category : Political Science
Languages : en
Pages : 204
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Book Description
This book investigates the parliamentary negotiation of executive secrecy. Parliaments depend on information to fulfil their roles as the people’s representatives, legislators and overseers of the executive. However, there are examples of executive secrecy across all policy fields. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? This volume analyses parliamentary arguments, conflicts and patterns of agreement around this topic in the case of Germany. Based on two case studies – intelligence agencies secrecy and Public Private Partnership secrecy – it argues that substantive justifications of secrecy focusing on necessity are highly contested. By contrast, procedural legitimation of secrecy, namely deciding about it democratically, is crucial. Still, there are inherent limits to the legitimation of executive secrecy. The book therefore underlines the fragility of secrecy’s legitimation, and its need for constant actualisation.
Author: Mark J. Rozell
Publisher: JHU Press
ISBN: 9780801849008
Category : Executive privilege (Government information)
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: Frederick A. O. Schwarz
Publisher: New Press, The
ISBN: 162097052X
Category : Political Science
Languages : en
Pages : 299
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Book Description
“A timely and provocative book exploring the origins of the national security state and the urgent challenge of reining it in” (The Washington Post). From Dick Cheney’s man-sized safe to the National Security Agency’s massive intelligence gathering, secrecy has too often captured the American government’s modus operandi better than the ideals of the Constitution. In this important book, Frederick A.O. Schwarz Jr., who was chief counsel to the US Church Committee on Intelligence—which uncovered the FBI’s effort to push Martin Luther King Jr. to commit suicide; the CIA’s enlistment of the Mafia to try to kill Fidel Castro; and the NSA’s thirty-year program to get copies of all telegrams leaving the United States—uses examples ranging from the dropping of the first atomic bomb and the Cuban Missile Crisis to Iran–Contra and 9/11 to illuminate this central question: How much secrecy does good governance require? Schwarz argues that while some control of information is necessary, governments tend to fall prey to a culture of secrecy that is ultimately not just hazardous to democracy but antithetical to it. This history provides the essential context to recent cases from Chelsea Manning to Edward Snowden. Democracy in the Dark is a natural companion to Schwarz’s Unchecked and Unbalanced, cowritten with Aziz Huq, which plumbed the power of the executive branch—a power that often depends on and derives from the use of secrecy. “[An] important new book . . . Carefully researched, engagingly written stories of government secrecy gone amiss.” —The American Prospect
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: 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: Thomas E. Mann
Publisher: Oxford University Press
ISBN: 0195368711
Category : History
Languages : en
Pages : 289
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Book Description
Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
Author: Robert M. Pallitto
Publisher: Johns Hopkins University Press+ORM
ISBN: 0801892104
Category : Political Science
Languages : en
Pages : 412
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Book Description
A look at how U.S. presidents from Truman to George W. Bush employed secrecy and how it has affected the presidency and the American government. State secrets, warrantless investigations and wiretaps, signing statements, executive privilege?the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation’s history. Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government? With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation’s democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when “black sites,” “enemy combatants,” and “ghost detainees” were added to the vernacular following the September 11, 2001, terror strikes. Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come. “The well-organized and clearly written book illustrates the way the president’s use of document classification and state-secrets privilege to solidify presidential control are reinforced by legal decisions sympathetic to presidential power.” —Chronicle of Higher Education
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.
