This paper explores the relationship between liberty and security implicated by secret government mass surveillance programs. Methodologically, the paper examines judicial reasoning in cases where parties have challenged secret government surveillance programs in both United States’ Courts and at the European Court of Human Rights (ECtHR). The paper questions how liberal and neorepublican conceptions of liberty and the jurisprudential reasoning in ECtHR decisions can inform the way we think about the proper relationship between security and liberty in the post-9/11, post-Snowden world.
|Number of pages||41|
|Journal||I/S: A Journal of Law and Policy for the Information Society|
|Publication status||Published - Aug 2014|
- European Convention on Human Rights
- Human Rights
- comparative law