Secrecy and Liberty: National Security, Freedom of Expression and Access to InformationSandra Coliver Martinus Nijhoff Publishers, 14 thg 7, 1999 - 575 trang 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. |
Nội dung
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 José 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 |
Ấn bản in khác - Xem tất cả
Thuật ngữ và cụm từ thông dụng
access to information administrative adopted Albanian Amendment applied Article 19 authorities broadcasting censorship China classified classified information Commission Communication concerning Conseil d'Etat Constitutional Court Convention on Human Council of Europe crime Criminal Code criticism decision declared defamation democracy democratic society disclosure documents ECHR emergency European Convention European Court foreign freedom of expression freedom of information freedom of speech Hong Kong Human Rights Committee ICCPR imprisonment incitement individual Inter-American issues Japan Johannesburg Principle journalists judgment judicial Kurdish legislation legitimate limited military Minister newspaper offense Official Secrets Act opinion organization Parliament party Penal Code person political Press Law prior restraint prohibited prosecution protection public interest public order published punished regulations relating Report Republic restrictions on freedom right to freedom rule secrecy sentenced Serbia South Korea Spycatcher statute supra note Supreme Court threat treaties U.N. Doc United Kingdom violation