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3 months ago in Human Rights Law , National Security Law By Natasha
Can anyone help identify principles governing the conflict between state secrecy and human rights?
This question arises from national security litigation. Governments often invoke secrecy to limit transparency. I want to understand constitutional constraints.
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By Finn Answered 3 weeks ago
From my experience, proportionality and necessity are the core principles governing this conflict. I have seen courts accept secrecy only where disclosure poses a concrete and serious risk. Judicial review, even if limited, is essential. I would recommend examining European human rights jurisprudence, which consistently insists that secrecy cannot operate as a blanket exemption from accountability.
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