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Secrecy, Law and Society

Secrecy, Law and Society

Author: Greg Martin; Rebecca Scott Bray; Miiko Kumar
Publisher: Routledge
ISBN: 9781138826854

Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780415792257

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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: in, for example, controversies surrounding evidence given by undercover police officers, media ethics, the exposure of historical child sexual abuse scandals, and so on.

Across such diverse situations, secrecy impacts 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.

Introduction, Miiko Kumar, Greg Martin, Rebecca Scott Bray

PART 1: SECRECY AND SECURITY

1. Living with National Security Disputes in Court Processes in England and Wales, Clive Walker

2. Secrecy Law and its Problems in the United States, Thomas C. Ellington

3. The Risk of the Gist: Safeguards and Counterbalancing Measures in Closed Material Proceedings, Ryan Goss

PART 2: OPEN JUSTICE AND PROCEDURAL FAIRNESS

4. Protecting Procedural Fairness and Criminal Intelligence: Is There a Balance to be Struck?, Gabrielle Appleby

5. Is an Open Fair Hearing Mandated for Courts? History and Culture of the Common Law in Britain and Australia, Steven Churches

6. Secrecy, Procedural Fairness and State Courts, Rebecca Ananian-Welsh

PART 3: RIGHT TO KNOW

7. Secrecy, the Media and the State: Controlling and Managing Information about Terrorism and Security, Lawrence McNamara

8. Secret Material and Anti-terrorism Review in Australia and Canada, Jessie Blackbourn

9. Secret Policing: The Legal Boundaries of Undercover Evidence, Miiko Kumar 10. Anonymity and Defamation, David Rolph

PART 4: SECRECY AND SOCIETY

11. Secrecy as a Meta-paradigmatic Challenge, Liora Lazarus

12. Privacy in Fact and Fiction: The Importance of Access to the Archive, Jake Goldenfein

13. Open Secrets: In the Park After Dark, Katherine Biber

14. Secret Isle? The Jersey Child Abuse Scandal in Criminological Perspective, Greg Martin

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