Since about 2015 the branches of the United States federal government have accused one another of creating secret law. Journalists, scholars, and anti-secrecy activists have also made similar allegations. Scholarly analysis has shown that secret law is present in all three branches. One scholar, Professor Dakota Rudesill, recommends that the country affirmatively decide whether to tolerate secret law, and proposes principles for governing it, including: public law's supremacy over secret law; no secret criminal law; public notification of creation of secret law; presumptive sunset and publication dates; and availability of all secret law to Congress.[1][2]
The Brennan Center for Justice includes in the category of secret law in the United States[3] classified opinions of the Executive Office of Legal Counsel, described as "authoritative legal interpretations that have the same legal force as the statutes they interpreted";[2] legal opinions of the Foreign Intelligence Surveillance Court, which approves mass surveillance programs; and more than 800 secret agreements with foreign nations between 2004 and 2014.[3]
In the United Kingdom, many open places freely accessible by the public are actually privately owned public spaces (POPS). Information on ownership is considered confidential, and not provided either by the owners, or by local councils that have the information. As in any private property the owner may require visitors to abide by specified rules; but people freely accessing the place are not informed of the rules, which may nevertheless be enforced by security guards. Typical prohibitions which do not apply to genuinely public spaces include protesting and photography.
Councils mostly refused to provide information on existing and planned pseudo-public spaces. They also refused to say how information could be obtained, or to provide information on private restrictions on exercising the other rights people have on genuinely public land. Councils were criticized for being under the influence of property developers and corporate owners. Siân Berry, at the time a member of the London Assembly, said "Being able to know what rules you are being governed by, and how to challenge them, is a fundamental part of democracy".[6]
Literatureedit
Secret laws and their negative effects are described in Franz Kafka's novel Der Prozess (The Trial).[7]
^"The Arrival of Secret Law". FAS Project on Government Secrecy. 14 November 2004. Retrieved 7 February 2010.
^Ackerman, Spencer (25 May 2011). "There's a Secret Patriot Act, Senator Says". Wired. Retrieved 26 May 2011.
^"'It's really shocking': UK cities refusing to reveal extent of pseudo-public space". The Guardian. 26 September 2017. Retrieved 26 September 2017.
^Whitehead, John W. (23 July 2013). "Kafka's America: Secret Courts, Secret Laws, and Total Surveillance". HuffPost. Retrieved 31 January 2020.
Further readingedit
Manes, Jonathan (2018). Secret Law", The Georgetown Law Journal, Vol. 106:803, p. 804.
Arnold, Jason Ross (2014). Secrecy in the Sunshine Era: The Promise and Failures of U.S. Open Government Laws. University Press of Kansas. ISBN978-0700619924. See chapter 5.
Nelson, BLS (2019). "Secret Law Revisited." Ratio Juris.
January 01, 1970
secret, refers, legal, authorities, that, require, compliance, that, classified, otherwise, withheld, from, public, contents, united, states, secret, rules, public, places, literature, also, references, further, reading, united, states, editsince, about, 2015,. Secret law refers to legal authorities that require compliance that are classified or otherwise withheld from the public 1 Contents 1 Secret law in the United States 2 Secret rules in UK public places 3 Literature 4 See also 5 References 6 Further readingSecret law in the United States editSince about 2015 the branches of the United States federal government have accused one another of creating secret law Journalists scholars and anti secrecy activists have also made similar allegations Scholarly analysis has shown that secret law is present in all three branches One scholar Professor Dakota Rudesill recommends that the country affirmatively decide whether to tolerate secret law and proposes principles for governing it including public law s supremacy over secret law no secret criminal law public notification of creation of secret law presumptive sunset and publication dates and availability of all secret law to Congress 1 2 The Brennan Center for Justice includes in the category of secret law in the United States 3 classified opinions of the Executive Office of Legal Counsel described as authoritative legal interpretations that have the same legal force as the statutes they interpreted 2 legal opinions of the Foreign Intelligence Surveillance Court which approves mass surveillance programs and more than 800 secret agreements with foreign nations between 2004 and 2014 3 The term has been used in reference to some counterterrorist measures 4 taken by the Bush Administration following the September 11 2001 terrorist attacks The Patriot Act has been referred to as having secret interpretations 5 Secret rules in UK public places editIn the United Kingdom many open places freely accessible by the public are actually privately owned public spaces POPS Information on ownership is considered confidential and not provided either by the owners or by local councils that have the information As in any private property the owner may require visitors to abide by specified rules but people freely accessing the place are not informed of the rules which may nevertheless be enforced by security guards Typical prohibitions which do not apply to genuinely public spaces include protesting and photography Councils mostly refused to provide information on existing and planned pseudo public spaces They also refused to say how information could be obtained or to provide information on private restrictions on exercising the other rights people have on genuinely public land Councils were criticized for being under the influence of property developers and corporate owners Sian Berry at the time a member of the London Assembly said Being able to know what rules you are being governed by and how to challenge them is a fundamental part of democracy 6 Literature editSecret laws and their negative effects are described in Franz Kafka s novel Der Prozess The Trial 7 See also editSecret treaty Glasnost Freedom of information legislation Ignorantia juris non excusat Gilmore v Gonzales PromulgationReferences edit a b Rudesill Dakota 2015 Coming to Terms With Secret Law PDF Harvard National Security Journal 7 1 249 a b Goitein Elizabeth October 18 2016 The New Era of Secret Law Brennan Center for Justice Retrieved 15 June 2016 a b Goitein Elizabeth October 18 2016 Secret Law Brennan Center for Justice Retrieved 11 June 2023 The Arrival of Secret Law FAS Project on Government Secrecy 14 November 2004 Retrieved 7 February 2010 Ackerman Spencer 25 May 2011 There s a Secret Patriot Act Senator Says Wired Retrieved 26 May 2011 It s really shocking UK cities refusing to reveal extent of pseudo public space The Guardian 26 September 2017 Retrieved 26 September 2017 Whitehead John W 23 July 2013 Kafka s America Secret Courts Secret Laws and Total Surveillance HuffPost Retrieved 31 January 2020 Further reading editManes Jonathan 2018 Secret Law The Georgetown Law Journal Vol 106 803 p 804 Arnold Jason Ross 2014 Secrecy in the Sunshine Era The Promise and Failures of U S Open Government Laws University Press of Kansas ISBN 978 0700619924 See chapter 5 Nelson BLS 2019 Secret Law Revisited Ratio Juris Retrieved from https en wikipedia org w index php title Secret law amp oldid 1222069572, wikipedia, wiki, book, books, library,
