Secrecy, National Security and the Vindication of Constitutional Law

Edited by David Cole, Professor of Law, Georgetown University Law Center, US, Federico Fabbrini, Full Professor of EU Law, School of Law and Government, Dublin City University, Ireland, Founding Director of the Brexit Institute and Dublin European Law Institute, and PI of the Jean Monnet Centre of Excellence REBUILD and Arianna Vedaschi, Full Professor of Comparative Public Law, Bocconi University, Italy

• Contents:ForewordMartin Scheinin1. IntroductionDavid Cole, Federico Fabbrini and Arianna VedaschiPART I: SECRECY AND COURTS2. Terrorism and Security: Back to the Future?Lord Justice (retired) Stephen Sedley3. Oversight of National Security Secrecy in the United StatesStephen Schulhofer4. Secrecy vs. Openness: Counterterrorism and the Role of the German Federal Constitutional CourtMindia Vashakmadze 5. Formalism and State SecretsSudha Setty PART II: SECRECY AND LEGISLATURES 6. Direct and Indirect Access to Intelligence Information: Lessons in Legislative Oversight from the United States and CanadaKathleen Clark and Nino Lomjaria7. Arcana Imperii and Salus Rei Publicae: State Secrets Privilege and the Italian Legal FrameworkArianna VedaschiPART III: SECRECY AND DETENTION8. Managing Secrecy and its Migration in a Post-9/11 WorldKent Roach9. National Security, Secret Evidence and Preventive Detentions: The Israeli Supreme Court as a Case StudyShiri Krebs 10. Secrecy and Control Orders: The Role and Vulnerability of Constitutional Values in the United Kingdom and AustraliaAndrew Lynch, Tamara Tulich and Rebecca Welsh11. Comparative Advantages: Secret Evidence and ‘Cleared Counsel’ in the United States, the United Kingdom and CanadaDavid Cole and Stephen I. VladekPART IV: SECRECY AND CRIMINAL TRIALS12. The Normalization of Anonymous TestimonyJason Mazzone and Tobias Fischer13. Terrorists on Trial: An Open or Closed Case?Clive Walker14. In/Visible Courts: Military Tribunals as Other SpacesOri AronsonPART V: SECRECY AND ADMINISTRATIVE MEASURES15. Administrative Counter-Terrorism Measures – A Strategy to Circumvent Human Rights in the Fight Against Terrorism?Tuomas Ojanen16. Secret Evidence in EU Security Law: Special Advocates before the Court of Justice?Cian C. Murphy17. Global Sanctions, State Secrets and Supranational Review: Seeking Due Process in an Interconnected WorldFederico Fabbrini18. Secrecy Regulation by the European Union Inside OutDeirdre Curtin19. Concluding RemarksJustice (retired) Lech GarlickiIndex

'This 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.'--Vicki C. Jackson, Harvard University Law School, US'This 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.'--Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976-1991