Abstract

http://ssrn.com/abstract=1269806
 
 

Citations (3)



 
 

Footnotes (297)



 


 



No More Secret Laws: How Transparency of Executive Branch Legal Policy Doesn’t Let the Terrorists Win


Sudha Setty


Western New England University School of Law

2009

Kansas Law Review, Vol. 57, p. 579, 2009

Abstract:     
The rule of law in a democratic nation demands that the laws governing people are not secret.Yet parts of the executive branch's legal policy that govern aspects of the current war on terror are laid out in non-public opinions issued the Department of Justice's Office of Legal Counsel. Many of those opinions, which are almost always binding on the executive branch and are used to provide legal comfort to government officials in the form of protection against future investigation or prosecution, are still secret or were kept secret for years before being leaked or disseminated to Congress and the public.

This Article assesses the historical pattern of politicization of executive branch legal policy in times of war or armed conflict and analyzes how secrecy in the development and implementation of legal policy compromises its quality and undermines public confidence in the integrity of executive branch constitutional interpretation. This Article critiques the lack of information disclosure from a domestic perspective and illustrates how other nations that face severe national security threats maintain greater transparency and accessibility in the development of legal policy, and thus a greater degree of integrity in their national security programs.

Number of Pages in PDF File: 63

Keywords: oversight, office of legal counsel, rule of law, government accountability, comparative law

Accepted Paper Series


Download This Paper

Date posted: September 19, 2008 ; Last revised: December 28, 2011

Suggested Citation

Setty, Sudha, No More Secret Laws: How Transparency of Executive Branch Legal Policy Doesn’t Let the Terrorists Win (2009). Kansas Law Review, Vol. 57, p. 579, 2009. Available at SSRN: http://ssrn.com/abstract=1269806

Contact Information

Sudha Setty (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Road
Springfield, MA 01119
United States
Feedback to SSRN


Paper statistics
Abstract Views: 660
Downloads: 80
Download Rank: 179,597
Citations:  3
Footnotes:  297

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.562 seconds