National Security: A Hegemonic Constitutional Value?

Abstract

National Security is a foundational constitutional value. However, it does not have its roots in the rule of law, human rights or democratic liberal traditions. In fact, a constitutional value of national security is likely to conflict with these notions. Furthermore, when national security has featured in constitutional interpretation, it tends to dominate — if not override — conflicting values. In this chapter, we argue that national security may be conceived of as a hegemonic constitutional value and, as such, it calls for the development of stringent guidelines that operate to restrain its role in the constitutional space.

Keywords: National security, constitutional interpretation, australian constitution, freedom of political communication, fair trial