Secrecy, National Security and the Vindication of Constitutional Law

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 ‘state secrets’, 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.

Contributors: O. Aronson, K. Clark, D. Cole, D. Curtin, F. Fabbrini, T. Fischer, L. Garlicki, S. Krebs, N. Lomjaria, A. Lynch, J. Mazzone, C.C. Murphy, T. Ojanen, K. Roach, M. Scheinin, S. Schulhofer, S. Sedley, S. Setty, T. Tulich, M. Vashakmadze, A. Vedaschi, S.I. Vladeck, C. Walker, R. Welsh