Secrecy, Law and Society

ISBN-13: 9780415792257 / Angielski / Miękka / 2016 / 280 str.

Greg Martin; Rebecca Scott Bray; Miiko Kumar

Opis

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.

Recenzje

"Lawyers, scholars and most certainly journalists and feature writers doing research in any of these areas will find this book, with its extensive and meticulous footnoting, a treasure trove of references to follow up as interesting and authoritative avenues for further enquiry. What is especially refreshing about the book is its plain-speaking and quite often hard-hitting approach to the various aspects of this topic about which the individual contributors have strong views. As a contribution to the ongoing debate on the often insoluble problems inherent in issues of secrecy, security, free speech and the law, this book with its diversity of opinion is first class." - Phillip Taylor MBE, Richmond Green Chambers

Spis treści

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 

O autorze

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.