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How, in a democratic state, can the competing interests of the need for national security and the demand for open government be reconciled? Should Security Services have a legal obligation to report their activities and should their members be held liable for exceeding the powers bestowed upon them by Parliament? These questions have taxed governments and academic commentators for generations until now. The early 1990s have witnessed an unprecedented change in public opinion and governmental attitude away from the extreme levels of secrecy and mystery which have traditionally enshrouded the Security Services. In this searching analysis, two leading constitutional lawyers shed light on the legal powers and basis of this murky area of government, comparing the accountability of Britain's Security Services with the very different situations in Canada and Australia. The authors question whether we still need, or should tolerate, the level of secrecy together with all the possibilities for misuse and abuse of power which accompany it in this authoritative study of the constitutional and legal position of the Security Services in Britain.
This work investigates the fundamental tension between the requirements of national security and the democratic necessity for governmental transparency and accountability. Authors Ian Leigh and Laurence Lustgarten, both established constitutional lawyers, utilize a comparative legal framework to examine how Britain, Canada, and Australia manage the oversight of their respective security services. By analyzing the legal foundations and historical secrecy surrounding these agencies, the authors argue for a more robust system of parliamentary control to prevent the misuse of state power.
What You Will Find
Legal scholars and political analysts regard this text as a foundational study on the constitutional limits of intelligence agencies. Readers frequently note the academic density of the prose and the authors' rigorous approach to comparative constitutional law.
Page Count:
576
Publication Date:
1994-09-15
Publisher:
Oxford University Press
ISBN-10:
019825234X
ISBN-13:
9780198252344
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