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Democracy, Law and Security

Author: Peter Gill

Publisher: Routledge

Published: 2017-03-02

Total Pages: 358

ISBN-13: 1351945343

In the past decade there have been significant changes in the operations of security and intelligence agencies throughout Europe. Those in the former Eastern Europe have undergone the most obvious changes in their targets and the legal context within which they operate, but these changes have affected all the agencies to some extent. It is these changes that will provide the context of structures and processes through which the agencies will respond to the September 11, 2001 attack on New York and Washington. This edited collection of papers by an international group of experts in the study of security and intelligence examines recent and current developments in the light of the rule of law and democracy and specifically addresses a number of common themes. Firstly, security and intelligence agencies are placed within the broader context of their parent state, including whether their powers originate in legislation or executive decree and the form of oversight. Secondly, the types of agency - civilian, military, foreign and domestic - are considered in the context of their historical development, including the transition from authoritarian to liberal state forms. Thirdly, the changes in their mandate and targets are discussed, in particular, towards 'terrorism', 'transnational organized crime' and economic intelligence. Finally, each author considers the enduring issue of how the impact of security and intelligence agencies is to be assessed in terms both of security and human rights. This book represents the first systematic attempt to present a collection of contemporary studies on the shifts in this crucial aspect of the operation of all states, and to do so within a framework of common themes. Although significant differences remain in the operation of security intelligence, all the authors highlight the common dilemmas that accompany the attempt to provide security but to do so democratically.

National Security Secrecy

Author: Sudha Setty

Publisher: Cambridge University Press

Published: 2017-07-13

Total Pages: 247

ISBN-13: 110713062X

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This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.

Democracy, Law, and Security

Author:

Publisher:

Published: 2002

Total Pages: 354

ISBN-13:

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Routledge Handbook of Democracy and Security

Author: Leonard Weinberg

Publisher: Routledge

Published: 2020-12-22

Total Pages: 372

ISBN-13: 1317628020

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This handbook explores how democracies around the world seek to balance democratic values with the requirement to protect their citizens from the threat of politically motivated violence. Over the past few decades, the majority of the world’s democracies have had to confront serious security threats, and in many instances these challenges have not come from rival states but from violent groups. This volume offers readers an overview of how some democracies have responded to such threats. It examines the extent to which authorities have felt compelled to modify laws to evade what would ordinarily be regarded as protected rights, such as personal privacy, freedom of movement and freedom of speech. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions. The case studies provided vary in terms of the durability of their democratic systems, level of economic development and the severity of the threats with which they have been confronted. The volume is divided into three thematic parts: Strong democracies: United States, Great Britain, France, Germany, Italy, Spain, Australia, New Zealand and Israel Challenged democracies: India, South Africa, Brazil, Argentina and Romania Fragile democracies: the Philippines and Nigeria. This book will be of much interest to students of democracy, security studies, political philosophy, Asian politics, Middle Eastern politics, African politics, West European politics and IR in general.

Liberty and Security

Author: Conor Gearty

Publisher: John Wiley & Sons

Published: 2013-04-03

Total Pages: 108

ISBN-13: 0745669980

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All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.

US National Security, Intelligence and Democracy

Author: Russell A. Miller

Publisher: Routledge

Published: 2008-07

Total Pages: 282

ISBN-13: 1134064446

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This volume examines the investigation by the 1975 Senate Select Committee (‘Church Committee’) into US intelligence abuses during the Cold War, and considers its lessons for the current ‘war on terror’. This report remains the most thorough public record of America’s intelligence services, and many of the legal boundaries operating on US intelligence agencies today are the direct result of reforms proposed by the Church Committee, including the Foreign Intelligence Surveillance Act. The Church Committee also drew attention to the importance of constitutional government as a Congressional body overseeing the activities of the Executive branch. Placing the legacy of the Church Committee in the context of the contemporary debate over US national security and democratic governance, the book brings together contributions from distinguished policy leaders and scholars of law, intelligence and political science.

Authoritarian Police in Democracy

Author: Yanilda María González

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 375

ISBN-13: 1108900380

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In countries around the world, from the United States to the Philippines to Chile, police forces are at the center of social unrest and debates about democracy and rule of law. This book examines the persistence of authoritarian policing in Latin America to explain why police violence and malfeasance remain pervasive decades after democratization. It also examines the conditions under which reform can occur. Drawing on rich comparative analysis and evidence from Brazil, Argentina, and Colombia, the book opens up the 'black box' of police bureaucracies to show how police forces exert power and cultivate relationships with politicians, as well as how social inequality impedes change. González shows that authoritarian policing persists not in spite of democracy but in part because of democratic processes and public demand. When societal preferences over the distribution of security and coercion are fragmented along existing social cleavages, politicians possess few incentives to enact reform.

In from the Cold

Author: Laurence Lustgarten

Publisher: Oxford University Press, USA

Published: 1994

Total Pages: 584

ISBN-13:

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Security and intelligence agencies are granted unparalleled powers, human rights are restricted, governments keep secrets from their citizens, and huge sums of public money are spent, all in the name of 'national security'. Beginning with a critical theoretical examination of 'national security' and arguing that this concept should be infused with values of democracy and human rights, the authors go on to discuss many important topics, including telephone tapping, bugging, and the collection and retention of personalinformation on file. Other issues analysed include employment vetting and security, detention and deportation, restrictions on the press, and the use of criminal law to stifle criticism. Finally, the mandate, powers, and mechanisms for executive and ministerial control of the security and intelligence agencies are scrutinized, the nearly-completed Scott Inquiry is considered, and the Intelligence Services Act 1994 is analysed in a detailed Coda. This comparative study draws upon a wide range of sources, and, uniquely, upon numerous interviews with security officials in the United Kingdom, Canada, and Australia. In From the Cold is a timely and comprehensive treatment of issues which continue to pose the greatest challenge to democratic states.

Democracy, Law, and National Security in Israel

Author: Menaḥem Hofnung

Publisher: Dartmouth Publishing Company

Published: 1996

Total Pages: 352

ISBN-13:

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This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.