Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Front Cover
Sandra Coliver
Martinus Nijhoff Publishers, Jul 14, 1999 - Law - 575 pages
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse 'the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
 

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Contents

THE JOHANNESBURG PRINCIPLES AND COMMENTARY 1 The Johannesburg Principles on National Security Freedom of Expression and Acces...
1
Freedom of Expression and State Security by Elizabeth Evatt
83
The European Convention on Human Rights and Other Council of Europe Instruments by Paul Mahoney and Lawrence Early
109
National Security Restrictions Human Rights and Information in the Public Interest by Andrew Nicol
129
The Africa Charter and Freedom of Expression in Africa by Claude E Welch Jr
145
Freedom of Expression National Security Doctrines and the Transition to Elected Governments by Viviana Krsticevic Josť Miguel Vivanco Juan E M...
161
COUNTRY LAW AND PRACTICE 8 Albania by Louise Krabbe
187
Chile by Cecilia Medina and Felipe Gonzalez
207
Hong Kong by Yash Ghai and Jennifer Van Dale
305
India by K S Venkateswaran
321
Israel by Ruth Gavison
333
Japan by Lawrence Beer
349
Norway by Nils Petter Gleditsch
361
South Africa by Gilbert Marcus
389
South Korea by Kyo Ho Youm
413
Turkey by Kerim Yildiz
445

China by Sofia Woodman and Yu Ping
223
Egypt by Nagad AlBoray
251
France by Roger Errera
269
Germany by Ulrich Karpen
289
APPENDICES
519
INDEX
561
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