This new handbook is a coherent examination of security challenges to democracies and their outcomes, highlighting the tension between liberty and democracy. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions.
A long list of prominent writers from Thomas Hobbes and John Locke to Samuel Huntington and Steven Pinker has maintained that the fundamental role of government (the state) is to provide for the security of its citizens. Governments unable to perform this fundamental task have often been labeled ‘failed states’ (e.g. Somalia, Mali , and the Congo). Other states appear to be too good at providing security, repressing most meaningful forms of personal liberty in the name of security. The Islamic Republic of Iran, Belarus, the People’s Republic of North Korea, and several central Asian governments come to mind. We suspect that citizens of these states, if they were free to say what was on their minds, would prefer less security in exchange for greater liberty. In principle, liberal-democratic states offer a balance between the two: liberty and security. But that principle, that presumed balance, has been and can be altered by historical events.. How have established and newer democracies responded legally and legislatively to perceived security threats? Democracies in the US, UK, western Europe, India, Israel, Turkey, South-East Asia and Sub-Saharan Africa are considered in this volume.
The need to strike an equitable balance between democracy and security affects stable democracies on a daily basis. Certainly in the United States and Great Britain as well as the long-standing democracies of Western Europe, law-makers and the courts have grappled non-violently and over time with such troubling issues as the right to privacy, liberty of press, freedom from unreasonable search and seizure, freedom of association and freedom public speech. Reasoning in major cases brought on these issues is worth examining in detail, across the spectrum of the established democracies. This volume is especially interested in relationships between narratives of safety, narratives of defense, revisionist interpretations of ‘liberty,’ efforts to reframe the meaning of ‘democracy’, efforts to redefine ‘constitutionality’ and variations in appeals and decisions by courts of final resort. It is also interested in comparative study of legislative initiatives intended to redefine and rebalance relationships between democracy and security. The editors are equally interested in these questions as they arise in newer and emerging democracies across the globe, from South America to Africa to Asia to the Middle East. Finally, the authors are interested in transnational issues which affect all democracies: cyber-security and economic security in a changing technological world.
This book will be of much interest to student of democracy, poliical philosophy, security studies, Asian politics, Middle Eastern politics, African politics, West European politics, and IR in general.
1. Introduction: Democracy, Security and the Rule of Law, Leonard Weinberg PART I: Transnational Issues 2. Effects of Globalization and War, Peter Neumann 3. Cyber-Security and the Rule of Law, John Arquila 4. Constitutionality, Separation of Powers and Anti-Terrorism Measures, Christopher David.Jenkins 5. Surveillance, David Pozen PART II: International Organizations, Security and the Rule of Law 6. The United Nations: Conventions and Ancillary Organizations (Human Rights Commissions, International Criminal Court), Ralph Ruebner 7. Regional Collectives: Council of Europe, Organization of American States, Organization of African Unity, Jean d’Aspremont 8. NGOs, including Human Rights Watch, Anil Kalhan PART III: United States and United Kingdom 9. Democracy, Security and Rule of Law in the US, 1901-2001, David Cole 10. Democracy, Security and Rule of Law in the US, 2001-present, Sudha Setty 11. Democracy, Security and Rule of Law in the UK, 1901-2001, Paul Jackson 12. Democracy, Security and Rule of Law in the UK, 2001-present, Mark Currie PART IV: Other Established Democracies 13. Democracy, Security and Rule of Law in Italy, Donatella della Porta 14. France, TBC 15. Germany, James R. Maxeiner 16. Spain, Rogelio Alonso 17. Israel, Arie Perliger, Guy Seidman 18. Turkey, Eliot Assoudeh PART V: South America 19. Democracy, Security and Rule of Law in Brazil, Thomas Bruneau 20. Argentina, David Pion-Berlin 21. Columbia, Arturo Alvarado 22. Peru, David Scott Palmer 23. Venezuela, Peter Waldmann PART VI: Sub-Saharan Africa 24. Democracy, Security and Rule of Law in Nigeria, Saheed Ahmad Rufai 25. Kenya and Sudan, Ahmed Adam Okene PART VII: South and Southeast Asia 26. Democracy, Security and Rule of Law in India, Dipak Gupta 27. Philippines, Peter Chalk 28. Indonesia, Peter Chalk 29. Conclusions: Democracy, Security, Rule of Law: Theory and Practice, Leonard Weinberg and Elizabeth Francis