scholarly journals Hybrid institutions in the national security constitution: the case of the Commissioners

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 432-454 ◽  
Author(s):  
Paul F Scott
Keyword(s):  
National Security ◽  
Political Institutions ◽  
Civil Liberties ◽  
State Power ◽  
Legal Institutions ◽  
Constitutional Order ◽  
Intelligence Services ◽  
Independent Reviewer

AbstractThis paper proposes the concept of a ‘hybrid institution’, defined with reference to certain institutions within the UK's constitutional order which provide oversight of national security processes. It focuses in particular on the Commissioners who have overseen and oversee the use of investigatory powers and the work of the intelligence services. These institutions, as was once said of another hybrid institution – the Independent Reviewer of Terrorism Legislation – are designed in order to operate within situations in which ‘potential conflicts between state power and civil liberties are acute, but information is tightly rationed’. They are ‘hybrid’ institutions in that they marry certain of the features characteristic of political institutions with others characteristic of legal institutions. The paper considers the relevant institutions and the role they play within the national security constitution, showing how their hybrid status facilitates the performance of a function which neither fully legal nor fully political institutions could fulfil.

scholarly journals Content and relationship between the main categories of the modern security environment

2021 ◽  
Vol 24 (2) ◽  
pp. 5-12
Author(s):  
Vitaliy Kryvoshein
Keyword(s):  
National Security ◽  
Political Institutions ◽  
Life Support ◽  
Global Environmental Change ◽  
Law System ◽  
State Security ◽  
Security Challenges ◽  
Critical Issues ◽  
Security Context ◽  
Political Security

The study aims to analyse the connection among types of security intimidations: threats, challenges, vulnerabilities, and security risks, to establish the rapport between national and global threats, to review critical issues of the security environment.The study’s relevance is that the concept of security needs to be updated in the current changes in the global security context and the emergence of an increasing number and variety of threats under the transformations that are taking place. The research shows how the reconceptualization of security in the late twentieth century was influenced by global contextual changes associated with the end of the Cold War and the use of constructivist approaches in the social sciences. This dual change has led to a rethinking of security challenges in the second decade of the 21st century, leading to increased interest in this study. It is exposed that the concepts of vulnerability and risk are used not only in the context of foreign and defence policy, but also concerning ecologic security challenges caused by global environmental change, climate change and dangers and disasters, where there is no consensus within and among the community on vulnerability, and risks. In conclusion, it is proved that conceptual thinking on security threats has necessitated precise definition and consensus on these concepts, especially on practical policy measures to achieve agreed goals, and systematization of types of threats to all types of security and life support. It is determined that the degradation of traditional political institutions, against the background of the degeneration of the established international law system and order, cause the emergence of new threats to national security and, accordingly, political, as its subcategories. It is noted that modern researchers have paid little attention to studying the connection between the concepts of political security, state security and threats to state security. In the context of new globalization threats, states are facing a change in the security context and need to review security strategies and update the discourse on political and national security.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

scholarly journals RELEVANT PRINCIPLES IN THE ECHR AND CJEU JURISPRUDENCE REGARDING NATIONAL SECURITY

2021 ◽  
Vol 10 (2) ◽  
pp. 89-95
Author(s):  
Sorina Ana Manea
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Personal Data ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Intelligence Services ◽  
European System ◽  
Protection Of Human Rights ◽  
And Storage ◽  
Mass Surveillance

The European system ensuring the protection of human rights is nowadays one of the most advanced in the world. However, there are also areas of activity where clarification and improvement are constant demands. Counter-terrorism measures considered or adopted in Europe, in particular those that increase mass surveillance, the collection and storage of electronic information or the protection of personal data are such areas. Some of these measures give more intrusive powers to the intelligence services to channel decisions in the direction of the executive branch, without the necessary judicial guarantees being established in a state governed by the rule of law.   Keywords: community law; ECHR; CJUE; national security.

scholarly journals Activities of Intelligence Services as a Synonymous of Fear and Intimidation

2015 ◽  
Vol 5 (2) ◽  
pp. 279
Author(s):  
MA. Fisnik Sadiku ◽  
MA. Besnik Lokaj
Keyword(s):  
National Security ◽  
Ethical Issues ◽  
Developed Countries ◽  
The State ◽  
Main Role ◽  
Security Environment ◽  
Intelligence Services ◽  
Clear Explanation ◽  
Security Challenges ◽  
Wide Range

Intelligence services are an important factor of national security. Their main role is to collect, process, analyze, and disseminate information on threats to the state and its population.Because of their “dark” activity, intelligence services for many ordinary citizens are synonymous of violence, fear and intimidation. This mostly comes out in theRepublicofKosovo, due to the murderous activities of the Serbian secret service in the past. Therefore, we will treat the work of intelligence services in democratic conditions, so that the reader can understand what is legitimate and legal of these services.In different countries of the world, security challenges continue to evolve and progress every day, and to fulfil these challenges, the state needs new ways of coordinating and developing the capability to shape the national security environment. However, the increase of intelligence in many countries has raised debates about legal and ethical issues regarding intelligence activities.Therefore, this paper will include a clear explanation of the term, meaning, process, transparency and secrecy, and the role that intelligence services have in analyzing potential threats to national security.The study is based on a wide range of print and electronic literature, including academic and scientific literature, and other documents of various intelligence agencies of developed countries.

scholarly journals Intelligence services and national security

Vojno delo ◽  
2016 ◽  
Vol 68 (3) ◽  
pp. 108-121
Author(s):  
Predrag Ilic
Keyword(s):  
National Security ◽  
Intelligence Services

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

Behind the Scenes with the Snowden Files

2021 ◽  
pp. 105-122
Author(s):  
Ellen Nakashima
Keyword(s):  
National Security ◽  
Civil Liberties ◽  
Careful Consideration ◽  
Right To Know ◽  
Washington Post ◽  
The Public ◽  
The Media ◽  
The Government ◽  
Duty To Inform ◽  
Push And Pull

This essay examines how the Washington Post dealt with the tension between its duty to inform the public and its desire to protect national security when it received documents leaked by Edward Snowden. The essay describes the push-and-pull between the media and the government. Journalists try to advance the public’s right to know, particularly about potential government encroachment on civil liberties, and the government tries to defend the security of the country while respecting civil liberties. Reporters with a bias for public disclosure voluntarily withhold certain documents and details based on a careful consideration of harm, and intelligence officials with a bias toward secrecy do not fight every disclosure. The Post’s coverage of the Snowden leaks provides an opportunity to gain insights into how to navigate the inevitable conflicts between journalists’ desire to inform the public and the government’s desire to protect its secrets from foreign powers.

From Protest to Dissent: Wartime Activism and the Founding of the ACLU

2020 ◽  
pp. 163-192
Author(s):  
Amy Aronson
Keyword(s):  
National Security ◽  
Free Speech ◽  
Civil Liberties ◽  
Critical Time ◽  
Fundamental Rights ◽  
Free Press ◽  
Global Democracy ◽  
Liberty Of Conscience ◽  
American Civil Liberties Union ◽  
American Union

In June 1917, Congress passed the Espionage Act, suspending basic civil liberties in the name of wartime national security. Suddenly, peace work seemed dangerously untenable, even to some in movement leadership. Nevertheless, the American Union Against Militarism (AUAM) voted to test the new wartime laws, campaigning to prevent a draft and devising a new category of military exemption based on conscience. But continuing tensions threatened to rupture the AUAM from the inside. Lillian Wald and Paul Kellogg wanted to resign. Eastman proposed an eleventh-hour solution: create a single, separate legal bureau for the maintenance of fundamental rights in wartime—free press, free speech, freedom of assembly, and liberty of conscience. The new bureau became the American Civil Liberties Union (ACLU). However, Eastman’s hopes to shape and oversee that work, keeping it focused on internationalism and global democracy, were not to be. The birth of her child sidelined her while Roger Baldwin, arriving at a critical time for the country and the organization, took charge and made the bureau his own.

11. Institutional Drivers of Democracy

2019 ◽  
pp. 210-228
Author(s):  
Andrea Kendall-Taylor ◽  
Natasha Lindstaedt ◽  
Erica Frantz
Keyword(s):  
Political Institutions ◽  
Civil Liberties ◽  
Explanatory Power ◽  
Executive Power ◽  
P System ◽  
Central Asian ◽  
Central Asian Countries ◽  
Soviet Space ◽  
Presidential Systems ◽  
Institutional Drivers

Political parties 212 Electoral systems 217 System of government 220 Federal versus unitary states 222 Consociationalism 223 Political institutions and democratization: A double-edged sword 226 Conclusion 227 Key Questions 228 Further Reading 228 In the former Soviet space (excluding the Baltics), some countries are more open and less authoritarian than others. Ukraine, Georgia, Moldova, and Kyrgyzstan, for example, have enjoyed relatively greater political and civil liberties—and even periods of nascent democracy. Freedom House rated Ukraine as ‘Free’ shortly after the country’s Orange Revolution in 2004–05. In contrast, Russia, Azerbaijan, Belarus, and the other Central Asian countries have been far more closed. What accounts for this difference? The former Soviet states share a number of common features like their communist history and high levels of corruption, making these factors poor candidates for explaining the political divergence. Economic factors also have little explanatory power, as some of the poorest countries like Georgia and Kyrgyzstan have been among the relatively more democratic. Instead, some scholars have emphasized the importance of institutions for explaining the different levels of freedom within the region. The relatively more open counties have parliamentary systems, while the more authoritarian countries have presidential systems (Hale 2016, 2011). When power is vested in a president rather than divided between a president and prime minister, the argument goes, it facilitates a president’s expansion of executive power....

Sign in / Sign up

Export Citation Format

Share Document