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

9 Pages Posted: 28 Jul 2017

See all articles by Ben Keith

Ben Keith

Thorndon Chambers, Wellington, New Zealand

Date Written: March 12, 2016

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.

Suggested Citation

Keith, Ben, A (Partly) Outside Job? The Potential of Transnational Legal Discourse for Disclosure In Proceedings Involving National Security Decisions (March 12, 2016). Available at SSRN: https://ssrn.com/abstract=3009651 or http://dx.doi.org/10.2139/ssrn.3009651

Ben Keith (Contact Author)

Thorndon Chambers, Wellington, New Zealand ( email )

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New Zealand

HOME PAGE: http://www.chambers.co.nz

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