In a World of Their Own: Security‐Cleared Counsel, Best Practice, and Procedural Tradition

21 Pages Posted: 28 May 2020

See all articles by John D. Jackson

John D. Jackson

University of Nottingham - School of Law

Date Written: October 2019

Abstract

This article charts how security‐cleared counsel have been constructed as a mechanism for managing the tension between security and fairness in secret trials and transferred across national boundaries as an example of ‘best practice', before going on to evaluate recent cross‐cultural and transnational research on this ‘best practice'. Particular attention is paid to the central role played by the European Court of Human Rights (ECtHR) in promoting the role of ‘special advocates’ and a contrast is made between the methodologies deployed by the Court and those used in recent research to identify and problematize ‘best practice’ within the closed world of security‐cleared counsel. The article then goes on to explore the relationship between ‘best practice’ and procedural tradition and argues that normative solutions advancing ‘best practice’ need to pay careful attention to the procedural contexts and cultures in which they are embedded.

Suggested Citation

Jackson, John D., In a World of Their Own: Security‐Cleared Counsel, Best Practice, and Procedural Tradition (October 2019). Journal of Law and Society, Vol. 46, pp. S115-S135, 2019, Available at SSRN: https://ssrn.com/abstract=3609456 or http://dx.doi.org/10.1111/jols.12186

John D. Jackson (Contact Author)

University of Nottingham - School of Law ( email )

Law and Social Science Building
University Park
Nottingham, NG7 1BB
United Kingdom

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