Liberalism Essay

1721 words - 7 pages

The traditional common law tool to withhold information from the parties to a court case is Public Interest Immunity (PII). PII is a principle of English common law under which the courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest. The areas of public interest that may be protected by PII include: national security, international relations and the prevention and detection of crime. The categories of PII are not fixed, but the courts will not recognise new categories without clear and compelling evidence. An order that PII applies would usually be sought by the British Government to protect official secrets. However, the heads of the intelligence agencies are under a statutory duty to ensure that there are arrangements in place to ensure that no information is disclosed by the agencies except so far as it is provided for in statute. Whilst it is for the government or the security agencies to raise a claim for PII, in Conway v Rimmer, the House of Lords held that the courts retained the final decision of whether a PII disclosure should be upheld. Ultimately then, whilst Under Article 6 of the European Convention on Human Rights, relevant evidence should generally be disclosed to the parties, even in civil proceedings, this right is not absolute and limits on disclosure may be justified, for example, in the interests of justice or of national security in order to protect the public from harm.
The use of PII has been problematic in that, a claim in which evidence is excluded may be prevented from proceeding. For example, in Candruff v Rock, a majority of the Court of Appeal found that the case could not be litigated consistently with the public interest. The determination of the claim would have required the disclosure of sensitive information, such as the operational methods used by the police and how they made use of informer information. In order to investigate and adjudicate upon the claim, the court would have required this information, thus, the case was struck out. In order to resolve this problem, Parliament has made statutory provision for a mechanism through which sensitive material can be handled by the courts. This mechanism is known as a closed material procedure (CMP), and was first established to facilitate the hearing of national security sensitive deportation cases through the SIAC.

The CMP was introduced under the Special Immigration Appeals Act 1997. The CMP was first used in the context of immigration and deportation decisions, following the case of Chahal v United Kingdom, in which the European Court of Human Rights acknowledged that reliance on confidential information might be unavoidable where national security was at stake. It this case he court cited with approval a system used in Canada, which suggested that there could be a procedures which would both accommodate legitimate...

Find Another Essay On liberalism

liberalism Essay

2451 words - 10 pages world war they will fight, liberal states wind up all on the same side, despite the complexity of paths that take them there’, and that ‘citizens, who are ultimately able to defeat the government in democratic elections, appreciate that the benefits of trade can be enjoyed only under conditions of peace’ Whilst such characteristics do not prove that the peace among liberals is statistically significant, nor that liberalism is the sole valid

Political Liberalism Essay

1110 words - 4 pages Political Liberalism Norman Davies describes liberalism as "being developed along two parallel tracks, the political and the economic. Political liberalism focused on the essential concept of government by consent. In its most thoroughgoing form it embraced republicanism, though most liberals favored a popular, limited, and fair-minded monarch as a factor encouraging stability." (A History of Europe, p.802) At the core of liberalism was the

Gladstonian liberalism

1236 words - 5 pages Gladstone Essay What was Gladstone's liberalism and to what extent was it applied during his first ministry? This question focuses on Gladstone's liberalism and to what extent he applied it during his first ministry, 1868-74. Liberalism is a political philosophy that stresses individual liberty, equal opportunity and rights, Victorian liberalism was a mixture of ideology, morality and self-interest, and it advocated civil and religious liberty


2002 words - 8 pages 1.         Article Two: Neo-liberalism Neo-liberalism has been one of the most influential ideologies over the last two decades that has had significant influence in the change of power and politics, at both global and national levels. Neo-liberalism theories are based on ideas and values that stem from the social tenets of classical liberalism that promote the free market, individualism, the pursuit of self-interest and the proposition

My Liberalism

829 words - 4 pages , and that the individual under-reported in the use of money on the face that does not decrease with their interests. philosophy of economic liberalism Vtntaleg of assigning property (the right to dispose of absolute wealth) per capita at the level of the doctrines of systems and art forms of economic measures to achieve these principles, it is Muslims can benefit from the contributions of doctrines and systems economic liberalism in this area

Classical Liberalism

1407 words - 6 pages Classical Liberalism, the Enlightenment, was a political movement that has impacted countries and their policies over many generations. The Enlightenment emphasized the notion that men are inherently good by nature (Bentley). The Enlightenment gave people the idea that a king was not necessary to rule over the people because people are not inherently bad. If anything, the people need someone to guide them but not have absolute rule over them


1546 words - 7 pages Hobbes may have been the first to present an unequivocally negative concept of freedom. Hobbes defined liberty as the absence of external impediments to motion, and as 'a silence of the laws.’ However, the classic formulation of the doctrine may be found in Berlin’s ‘Two Concepts of Liberty’. Berlin defined negative freedom as ‘an area within which a man can act unobstructed by others.’ In Berlins words ‘Liberty in the negative sense

Liberalism in society

951 words - 4 pages Liberalism is strict the notion of equality for all individuals and the recognition of their voice in society. The source states “at every opportunity, the principles of liberalism should be challenged”. The interpretation of the source would say that is it disagreeing with liberalism and its principles. The source would agree that economic equality, co-operation, and collective interest are the principles that should be seen in society. Since

The Classical Liberalism

1096 words - 5 pages Introduction The Classical liberalism theory mainly emphasis is sited on shielding the freedom of the individual by restricting the power of the government. Classical liberalism is a wide philosophy of politics, economics, and human society that upholds individual freedom and the acknowledgement of universal human dignity. The most important features of The classical liberalism theory is consist of the following beliefs: All human beings have

The Classical Liberalism

1125 words - 5 pages Classical liberalism is one of the main theories of international relation it developed during the enlightenment period which emerges in United State and Europe in the 19th century. John Lock British philosopher was the founding father of classical liberalism, who has written about the state of nature. It is an optimistic theory where people live in city of nature it is a city of peace and cooperation. The classical liberalism seeks

The Transformation of Liberalism

2879 words - 12 pages Liberalism is a force that has produced change from the birth of this nation to the politics of today. Liberal tenets have been a basis of thought and action in American politics since well before the signing of the Constitution. Certainly, liberalism has had to transform in order to remain a legitimate force throughout the years. When considering this transformation, one may ask whether or not the ideas and goals of classical liberalism have

Similar Essays

Liberalism Essay

2790 words - 11 pages Liberalism could be defined as the opposite of the unlimited power that a king would enjoyed for example in the17th century. The kings used to have absolute power by which they decided the fate of all their peasants, no matter they agree or not. In this unlimited power, the opinion of an individual person an his independence was nor consider at, neither it was the will of the community, the only will that was satisfied was the king's will, even

Liberalism Essay

1407 words - 6 pages contribution to economic development. However, not all neo-liberal countries have achieved the expected outcome, in fact, most of them resulted in big failures. The growth rates of Latin America and Africa, which had been higher than other developing nations, dropped by over 60 percent after they embraced IMF-sponsored neo-liberalism in the 1980's . Especially in Latin America, neo-liberal policies were applied in the time. The result was that

Liberalism Essay 776 Words

776 words - 4 pages chapter will explore liberal perceptions of the state. The discussion will include an examination of the liberal concept of negative liberty, in which the state’s role in the lives of individual citizens is to be kept to a minimum. It will also examine the relationship between liberalism and democracy and the rule of law. 3.4 Liberalism and the Limits of the State Many political thinkers, including liberals, regard the state and some form of

Liberalism Essay

1568 words - 6 pages democracy as a tool of oppression instead of a means of emancipation. Following the collapse of Communism in Eastern Europe and the Soviet Union many have argued that ‘western liberal democracy’ is the best form of government and ideally suited to the modern world. Some even claim that it is the ‘moral leader’ of the world. Parekh describes democracy as “defined and structured within the limits set by liberalism.” Liberalism preceded democracy