Secret Law and the Threat to Democratic and Accountable Government

Secret Law and the Threat to Democratic and Accountable Government PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 184

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Secret Law and the Threat to Democratic and Accountable Government

Secret Law and the Threat to Democratic and Accountable Government PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 184

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Book Description


Government Secrecy

Government Secrecy PDF 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.

Militant Democracy

Militant Democracy PDF Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

On War and Democracy

On War and Democracy PDF Author: Christopher Kutz
Publisher: Princeton University Press
ISBN: 0691202362
Category : Law
Languages : en
Pages : 344

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Book Description
Introduction : war, politics, democracy -- Democratic security -- Citizens and soldiers : the difference uniforms make -- A modest case for symmetry : are soldiers morally equal? -- Leaders and the gambles of war : against political luck -- War, democracy, and Secrecy : secret law -- Must a democracy be ruthless? : torture and existential politics -- Humanitarian intervention and the new democratic holy wars -- Drones and democracy -- Democracy and the death of norms -- Democratic states in victory : vae victis? -- Looking backward : democratic transitions and the choice of justice.

Secrecy in the Sunshine Era

Secrecy in the Sunshine Era PDF Author: Jason Ross Arnold
Publisher: University Press of Kansas
ISBN: 0700619925
Category : Political Science
Languages : en
Pages : 556

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Book Description
A series of laws passed in the 1970s promised the nation unprecedented transparency in government, a veritable “sunshine era.” Though citizens enjoyed a new arsenal of secrecy-busting tools, officials developed a handy set of workarounds, from over classification to concealment, shredding, and burning. It is this dark side of the sunshine era that Jason Ross Arnold explores in the first comprehensive, comparative history of presidential resistance to the new legal regime, from Reagan-Bush to the first term of Obama-Biden. After examining what makes a necessary and unnecessary secret, Arnold considers the causes of excessive secrecy, and why we observe variation across administrations. While some administrations deserve the scorn of critics for exceptional secrecy, the book shows excessive secrecy was a persistent problem well before 9/11, during Democratic and Republican administrations alike. Regardless of party, administrations have consistently worked to weaken the system’s legal foundations. The book reveals episode after episode of evasive maneuvers, rule bending, clever rhetorical gambits, and downright defiance; an army of secrecy workers in a dizzying array of institutions labels all manner of documents “top secret,” while other government workers and agencies manage to suppress information with a “sensitive but unclassified” designation. For example, the health effects of Agent Orange, and antibiotic-resistant bacteria leaking out of Midwestern hog farms are considered too “sensitive” for public consumption. These examples and many more document how vast the secrecy system has grown during the sunshine era. Rife with stories of vital scientific evidence withheld, justice eluded, legalities circumvented, and the public interest flouted, Secrecy in the Sunshine Era reveals how our information society has been kept in the dark in too many ways and for too long.

Reclaiming Accountability

Reclaiming Accountability PDF Author: Heidi Kitrosser
Publisher: University of Chicago Press
ISBN: 022619163X
Category : Law
Languages : en
Pages : 292

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Book Description
Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

Accountability and the Law

Accountability and the Law PDF Author: Piotr Mikuli
Publisher: Routledge
ISBN: 1000424677
Category : Law
Languages : en
Pages : 225

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Book Description
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.

The Torturer in the Mirror

The Torturer in the Mirror PDF Author: Ramsey Clark
Publisher: Seven Stories Press
ISBN: 1609803159
Category : Political Science
Languages : en
Pages : 58

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Book Description
Before the US invasion of Iraq, before the American public saw the infamous photos from Abu Ghraib, the CIA went to the White House with a question: What, according to the Constitution, was the line separating interrogation from torture—and could that line be moved? The White House lawyers' answer—in the form of legal documents later known as the "Torture Memos"—became the US's justification for engaging in torture. The Torturer in the Mirror shows us how when one of us tortures, we are all implicated in the crime. In three uncompromising essays, Iraqi dissident Haifa Zangana, former US Attorney General Ramsey Clark, and professor of sociology Thomas Ehrlich Reifer teach us how physically and psychologically insidious torture is, how deep a mark it leaves on both its victims and its practitioners, and how necessary it is for us as a society to hold torturers accountable.

Restoring the Rule of Law

Restoring the Rule of Law PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300

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Book Description


Shifting Positionalities

Shifting Positionalities PDF Author: Aaron Tobler
Publisher: Cambridge Scholars Publishing
ISBN: 1443811831
Category : Social Science
Languages : en
Pages : 230

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Book Description
The local-level and international contributors of Shifting Positionalities encompass particular common themes through in-depth social science research in an effort to understand the meanings of the reformulation of state discourses and practices in this post-9/11 era. Current conjunctions between sexual, racial and ethnic identities—and the surveillance practices of those identities—calls for a thorough examination of the multiple and usually unexpected meaning-making practices adapted by individuals. Far from being predictable, the latter speaks to the possibility of individuals and communities utilizing techniques of actively resisting—as opposed to passively embracing—the policing of their daily lives. Shifting Positionalities: The Local and International Geo-Politics of Surveillance and Policing addresses surveillance and policing as practices and sites that speak to the various ways in which bio-power, displacement and resistance converge to constitute particular subjectivities across borders.