The Justice And Security Green Paper

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Justice and security green paper

Great Britain: Ministry of Justice
Justice and security green paper Book PDF

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 92 pages
File Size : 55,9 Mb
Release : 2011-10-19
Category : Law
ISBN : 0101819420

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Justice and security green paper by Great Britain: Ministry of Justice Pdf

In safeguarding national security the Government produces and receives sensitive information. This information must be protected appropriately, as failure to do so may compromise investigations, endanger lives and ultimately lessen its ability to keep the country safe. The increased security and intelligence activity of recent years has led to greater scrutiny including in the civil courts, which have heard a growing numbers of cases challenging Government decisions and actions in the national security sphere. Such cases involve information that under current rules cannot be disclosed in a courtroom. The UK justice system is then either unable to pass judgment and cases collapse or are settled without a judge reaching any conclusions. This green paper aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. It looks for solutions that improve the current arrangements while upholding the Government's commitment to the rule of law. It also addresses the need for public reassurance that the national security work is robustly scrutinised, and that the scrutinising bodies are credible and effective. The proposals in this consultation are in three broad areas: enhancing procedural fairness, safeguarding material and reform of intelligence oversight.

The justice and security green paper

Great Britain: Parliament: Joint Committee on Human Rights
The justice and security green paper Book PDF

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 74 pages
File Size : 54,5 Mb
Release : 2012-04-04
Category : Law
ISBN : 0108475786

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The justice and security green paper by Great Britain: Parliament: Joint Committee on Human Rights Pdf

The Joint Committee on Human Rights (JCHR) calls for statutory clarification of law on disclosure of national security-sensitive material, but finds no case for more extensive change. The Government has failed to make the case for extending "closed material procedures" to all civil proceedings and to inquests: the Government has not demonstrated that the fairness concern on which it relies to justify the proposal is in fact a real and practical problem. The Committee believes that closed material procedures are inherently unfair and the proposals in the Green Paper are a radical departure from longstanding traditions of open justice and fairness. Nor does it accept that replacing the current law governing disclosure of sensitive material (the law of Public Interest Immunity, or "PII") with closed material procedures is justified. The rule of law requires that decisions about the disclosure of material in legal proceedings be taken by judges not ministers and the current legal framework of PII has not been shown to be inadequate. There is a case, however, for that legal framework to be made clearer in the way in which it applies to national security-sensitive material and the Committee suggests how that could be done by legislation and changes to the Coroners Rules and guidance. The Committee regrets that the Green Paper overlooks the very considerable impact of its proposals on the freedom and ability of the media to report on matters of public interest and concern.

Green Paper

European Commission,European Commission. Directorate-General for Energy and Transport
Green Paper Book PDF

Author : European Commission,European Commission. Directorate-General for Energy and Transport
Publisher : Unknown
Page : 112 pages
File Size : 45,7 Mb
Release : 2001
Category : Energy conservation
ISBN : UVA:X004545744

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Green Paper by European Commission,European Commission. Directorate-General for Energy and Transport Pdf

Open discussion invited by the European Commission on energy supply and security.

Government's response to the public consultation on justice and security

Great Britain: Ministry of Justice
Government s response to the public consultation on justice and security Book PDF

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 36 pages
File Size : 51,9 Mb
Release : 2012-05-29
Category : Political Science
ISBN : 0101836422

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Government's response to the public consultation on justice and security by Great Britain: Ministry of Justice Pdf

The consultation published as Cm. 8194 (ISBN 9780101819428). Dated May 2012

Legislative Scrutiny

Great Britain: Parliament: Joint Committee on Human Rights
Legislative Scrutiny Book PDF

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 70 pages
File Size : 40,8 Mb
Release : 2012-11-13
Category : Law
ISBN : 0108476243

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Legislative Scrutiny by Great Britain: Parliament: Joint Committee on Human Rights Pdf

The purpose of the report Legislative Scrutiny: Justice and Security Bill (HL 59 & HC 372) is to focus specifically on practical ways in which the Justice and Security Bill could be improved by amending it to accommodate the many human rights concerns it raises. The Committee welcomes some of the significant changes which have been made to the proposals in the Green Paper ( Published: 19 Oct 2011 ISBN: 9780101819428 ), but considers that the proposals in the Bill extending closed material procedures into civil proceedings still constitute a radical departure from the UK's constitutional tradition of open justice and fairness. The report recommends that: The Bill's scope should be limited to the two narrow categories of material suggested by the Intelligence and Security Committee, namely: UK intelligence material which would reveal the identity of UK intelligence officers or their sources and their capability; and

The Green Book

Great Britain. Treasury
The Green Book Book PDF

Author : Great Britain. Treasury
Publisher : Stationery Office
Page : 114 pages
File Size : 50,9 Mb
Release : 2003
Category : Business & Economics
ISBN : 0115601074

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The Green Book by Great Britain. Treasury Pdf

This new edition incorporates revised guidance from H.M Treasury which is designed to promote efficient policy development and resource allocation across government through the use of a thorough, long-term and analytically robust approach to the appraisal and evaluation of public service projects before significant funds are committed. It is the first edition to have been aided by a consultation process in order to ensure the guidance is clearer and more closely tailored to suit the needs of users.

Secrecy, Law and Society

Greg Martin,Rebecca Scott Bray,Miiko Kumar
Secrecy Law and Society Book PDF

Author : Greg Martin,Rebecca Scott Bray,Miiko Kumar
Publisher : Routledge
Page : 288 pages
File Size : 43,5 Mb
Release : 2015-05-08
Category : Law
ISBN : 9781317575146

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Secrecy, Law and Society by Greg Martin,Rebecca Scott Bray,Miiko Kumar Pdf

Commentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

Secrecy, National Security and the Vindication of Constitutional Law

D. Cole
Secrecy National Security and the Vindication of Constitutional Law Book PDF

Author : D. Cole
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 42,6 Mb
Release : 2013
Category : Law
ISBN : 9781781953860

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Secrecy, National Security and the Vindication of Constitutional Law by D. Cole Pdf

ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. 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 Ôstate secretsÕ, 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.

Immunisation against infectious diseases

David Salisbury,Mary Ramsay,Karen Noakes
Immunisation against infectious diseases Book PDF

Author : David Salisbury,Mary Ramsay,Karen Noakes
Publisher : The Stationery Office
Page : 486 pages
File Size : 50,5 Mb
Release : 2006-12-11
Category : Medical
ISBN : 0113225288

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Immunisation against infectious diseases by David Salisbury,Mary Ramsay,Karen Noakes Pdf

This is the third edition of this publication which contains the latest information on vaccines and vaccination procedures for all the vaccine preventable infectious diseases that may occur in the UK or in travellers going outside of the UK, particularly those immunisations that comprise the routine immunisation programme for all children from birth to adolescence. It is divided into two sections: the first section covers principles, practices and procedures, including issues of consent, contraindications, storage, distribution and disposal of vaccines, surveillance and monitoring, and the Vaccine Damage Payment Scheme; the second section covers the range of different diseases and vaccines.

Special Advocates in the Adversarial System

John Jackson
Special Advocates in the Adversarial System Book PDF

Author : John Jackson
Publisher : Routledge
Page : 240 pages
File Size : 54,8 Mb
Release : 2019-07-24
Category : Law
ISBN : 9781315278759

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Special Advocates in the Adversarial System by John Jackson Pdf

The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.

Current Problems in the Protection of Human Rights

Katja S Ziegler,Peter M Huber
Current Problems in the Protection of Human Rights Book PDF

Author : Katja S Ziegler,Peter M Huber
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 52,7 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781782250883

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Current Problems in the Protection of Human Rights by Katja S Ziegler,Peter M Huber Pdf

While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Research Handbook on International Law and Terrorism

Ben Saul
Research Handbook on International Law and Terrorism Book PDF

Author : Ben Saul
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 47,5 Mb
Release : 2020-04-24
Category : Law
ISBN : 9781788972222

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Research Handbook on International Law and Terrorism by Ben Saul Pdf

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.

The National Security Constitution

Paul F Scott
The National Security Constitution Book PDF

Author : Paul F Scott
Publisher : Bloomsbury Publishing
Page : 431 pages
File Size : 55,8 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509911028

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The National Security Constitution by Paul F Scott Pdf

This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

National Security Secrecy

Sudha Setty
National Security Secrecy Book PDF

Author : Sudha Setty
Publisher : Cambridge University Press
Page : 247 pages
File Size : 40,6 Mb
Release : 2017-07-13
Category : Law
ISBN : 9781107130623

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National Security Secrecy by Sudha Setty Pdf

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