A (Partly) Outside Job? The Potential of Transnational Legal Discourse for Disclosure In Proceedings Involving National Security Decisions

Abstract

Practice around questions of disclosure in national security matters vary widely between jurisdictions, encompassing different approaches and governing principles for nondisclosure, the broadening use of closed material procedures and also such mechanisms as immunities, nonjusticiability, deference and irrebuttable or presumptively valid executive government statements. This paper suggests, however, that comparative approaches can increasingly yield a more robust and ultimately more transparent approach.