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"Foreword" [2013] ELECD 669; in Cole, David; Fabbrini, Federico; Vedaschi, Arianna (eds), "Secrecy, National Security and the Vindication of Constitutional Law" (Edward Elgar Publishing, 2013) vii

Book Title: Secrecy, National Security and the Vindication of Constitutional Law

Editor(s): Cole, David; Fabbrini, Federico; Vedaschi, Arianna

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781953853

Section Title: Foreword

Number of pages: 4

Extract:

Foreword
Martin Scheinin

It gives me much pleasure to be in a position to recommend this collection
of essays to anyone interested in constitutional law, counter-terrorism
measures, national security or questions of secrecy and accountability. The
various chapters included provide a multifaceted, balanced and highly
rewarding analysis of the issues and their intersections.
The semi-autonomous research group on `Constitutional Responses to
Terrorism', acting under the auspices of the International Association of
Constitutional Law (IACL) has become a great success, particularly thanks
to its chair, Professor David Cole, and coordinator, Federico Fabbrini, PhD.
This volume of excellent studies is a direct consequence of the operation of
the research group and the level of scholarly networking created through it.
The question of secrecy, usually on grounds related to national
security, in the context of countering terrorism is one of the most
intriguing legal issues that have gained unprecedented importance in our
post-9/11 world of global terrorism and global counter-terrorism
cooperation. While no constitutional lawyer can deny that the threat of
terrorism is real, or that there are situations where it is legitimate to
accompany counter-terrorism measures with a degree of secrecy, it is
nevertheless the task of this group of professionals to guard constitution-
alism against the threat of erosion posed by various deviations from
principles of rule of law, transparency and accountability. Therefore, it is
also their task to propose solutions that do provide effective responses to
terrorism while not sacrificing constitutionalism.
Both in my ...


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