The 'culture of security' ushered in after 11 September 2001 has involved exceptional legal measures and - as exemplified by the Chelsea Manning and Edward Snowden leaks - increased recourse to secrecy on the basis of protecting public safety and national security. Beyond this counterterrorism and national security context, however, secrecy has emerged as a key issue in a range of other institutional and cultural settings; impacting upon a range of legal issues, including, the separation of powers, due process, procedural fairness and human rights. And, more broadly, questions concerning…mehr
The 'culture of security' ushered in after 11 September 2001 has involved exceptional legal measures and - as exemplified by the Chelsea Manning and Edward Snowden leaks - increased recourse to secrecy on the basis of protecting public safety and national security. Beyond this counterterrorism and national security context, however, secrecy has emerged as a key issue in a range of other institutional and cultural settings; impacting upon a range of legal issues, including, the separation of powers, due process, procedural fairness and human rights. And, more broadly, questions concerning secrecy touch on the credibility of both public and private institutions. Accordingly, this edited collection constitutes both a timely and critical intervention into secrecy debates, as they stretch across the various fields of law, politics and social inquiry.
Greg Martin is a Senior Lecturer in Socio-Legal Studies at the University of Sydney. Among other things, his research interests are currently in: secret evidence and criminal law; social movements, law and policing; and cultural criminology. He is author of several titles including Understanding Social Movements (Routledge 2015). Rebecca Scott Bray is Co-Director, Institute of Criminology, Sydney Law School, and Senior Lecturer in Socio-Legal Studies, Department of Sociology and Social Policy, University of Sydney. Her research interests lie at the intersections of law, criminology and culture, with a specific focus on issues around the dead. Miiko Kumar is a Barrister at Jack Shand Chambers and a Senior Lecturer in the Faculty of Law at the University of Sydney, teaching both compulsory and elective courses in Evidence and Procedure. Miiko was admitted as a solicitor in 1996 and called to the Bar in 2001.
Inhaltsangabe
1. Secrecy Law and Society Miiko Kumar Greg Martin Rebecca Scott Bray PART 1: SECRECY AND SECURITY 2. Living with National Security Disputes in Court Processes in England and Wales Clive Walker 3. Secrecy Law and its Problems in the United States Thomas C. Ellington 4. Balancing Away Article 6 in Home Office v Tariq: Fair Trial Rights in Closed Material Proceedings Ryan Goss PART 2: OPEN JUSTICE AND PROCEDURAL FAIRNESS 5. Protecting Procedural Fairness and Criminal Intelligence: Is There a Balance to be Struck? Gabrielle Appleby 6. Is There a Requirement for Fair Hearings in British and Australian Courts? Steven Churches 7. Secrecy Procedural Fairness and State Courts Rebecca Ananian-Welsh PART 3: RIGHT TO KNOW 8. Secrecy the Media and the State: Controlling and Managing Information about Terrorism and Security Lawrence McNamara 9. Secret Material and Anti-terrorism Review in Australia and Canada Jessie Blackbourn 10. Secret Policing: Boundaries of Undercover Evidence Miiko Kumar 11. Anonymity and Defamation David Rolph PART 4: SECRECY AND SOCIETY 12. Strategy for Public Interest Leaking Brian Martin 13. Open Secrets Open Justice Katherine Biber 14. Secret Isle? Making Sense of the Jersey Child Abuse Scandal Greg Martin and Rebecca Scott Bray
1. Secrecy Law and Society Miiko Kumar Greg Martin Rebecca Scott Bray PART 1: SECRECY AND SECURITY 2. Living with National Security Disputes in Court Processes in England and Wales Clive Walker 3. Secrecy Law and its Problems in the United States Thomas C. Ellington 4. Balancing Away Article 6 in Home Office v Tariq: Fair Trial Rights in Closed Material Proceedings Ryan Goss PART 2: OPEN JUSTICE AND PROCEDURAL FAIRNESS 5. Protecting Procedural Fairness and Criminal Intelligence: Is There a Balance to be Struck? Gabrielle Appleby 6. Is There a Requirement for Fair Hearings in British and Australian Courts? Steven Churches 7. Secrecy Procedural Fairness and State Courts Rebecca Ananian-Welsh PART 3: RIGHT TO KNOW 8. Secrecy the Media and the State: Controlling and Managing Information about Terrorism and Security Lawrence McNamara 9. Secret Material and Anti-terrorism Review in Australia and Canada Jessie Blackbourn 10. Secret Policing: Boundaries of Undercover Evidence Miiko Kumar 11. Anonymity and Defamation David Rolph PART 4: SECRECY AND SOCIETY 12. Strategy for Public Interest Leaking Brian Martin 13. Open Secrets Open Justice Katherine Biber 14. Secret Isle? Making Sense of the Jersey Child Abuse Scandal Greg Martin and Rebecca Scott Bray
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