scholarly journals Through a Glass Darkly: The Role and Review of "National Security" Concepts in Canadian Law

2015 ◽  
Author(s):  
Craig Forcese
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
National Security ◽  
Administrative Law ◽  
The Public ◽  
Precise Meaning ◽  
Canadian Law ◽  
Real Importance ◽  
The Government

The expression "national security" or its close similes lacks a precise meaning, even in the public policy literature. Nevertheless, the concept appears in over 30 federal statutes. In most instances, the term is undefined, an important oversight in light of the significant powers these statutes accord the government. Under these circumstances, how courts review government invocations of "national security" is of real importance. With some exceptions, courts applying s. 7 of the Charter and standard administrative law doctrines have accorded substantial deference to government national security determinations. When largely deferential substantive review of the ambiguous concept of national security is coupled with the ex parti and in camera context in which these cases are often heard, the net effect is to leave government with a freer hand in national security matters than in other domains of administrative decision making. Several possible responses to this problem are proposed.

Balancing the Public Policy Drivers in the Tension between Privacy and Security

Cyber Crime ◽  
2013 ◽  
pp. 1441-1460 ◽  
Author(s):  
John W. Bagby
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Supply Chain ◽  
National Security ◽  
Federal Agencies ◽  
Privacy And Security ◽  
The Public ◽  
Personally Identifiable Information ◽  
Information Supply Chain ◽  
Market Pressures

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.

Balancing the Public Policy Drivers in the Tension between Privacy and Security

2009 ◽  
pp. 164-183
Author(s):  
John W. Bagby
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Supply Chain ◽  
National Security ◽  
Federal Agencies ◽  
Privacy And Security ◽  
The Public ◽  
Personally Identifiable Information ◽  
Information Supply Chain ◽  
Market Pressures

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.

scholarly journals Free and Frank Advice and the Official Information Act

2018 ◽  
Vol 14 (2) ◽  
Author(s):  
Andrew Kibblewhite ◽  
Peter Boshier
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Government Agency ◽  
Government Officials ◽  
The Public ◽  
Good Government ◽  
Work Programme ◽  
The Government ◽  
The Right ◽  
Official Information

Concern exists that New Zealand hasn’t struck the right balance between two potentially competing principles of good government: officials should provide free and frank advice to ministers, and the public should have opportunities to participate in decision making and hold the government to account. Steps we have taken to address this include: strengthening constitutional underpinnings for free and frank advice (Cabinet Manual changes and issuing expectations for officials); a work programme to improve government agency practice in relation to the Official Information Act; and the Office of the Ombudsman reducing uncertainty about when advice can be withheld by issuing new principles-based guidance and providing more advisory services.

scholarly journals The Role of Public Participation in Governance towards Achieving Sustainable Development. Part 1

2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Public Participation ◽  
Good Governance ◽  
Policy Formulation ◽  
Government Officials ◽  
Political Class ◽  
The Public ◽  
Decision Making Processes ◽  
The Government

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.

scholarly journals Role of Spiritual Intelligence in Public Policy in the African American Pentecostal Church

2021 ◽  
Vol 30 (1) ◽  
pp. 145-161
Author(s):  
James B. Smith
Keyword(s):  
Public Policy ◽  
African American ◽  
Spiritual Intelligence ◽  
Policy Issues ◽  
The Public ◽  
The Government ◽  
Community Issues ◽  
The Public Sphere ◽  
Policy Engagement ◽  
The Church

Abstract Although many U.S. faith-based organizations have become partners with the government, the African American Pentecostal Church (aapc), which holds spirituality as a means of serving humanity as its theological framework, has remained a silent partner in public policy engagement. With the framework of spiritual intelligence, this qualitative case study addresses the perceptions of African American Pentecostal leaders regarding how the church’s theology may have an impact on the public policy engagement of its parishioners. Twelve African American Pentecostal Bishops were interviewed, and data were coded and analyzed to identify themes. Results revealed that participants use their spirituality to connect with public policy issues that relate to their personal experiences. Findings also indicated that the aapc is not an organized denomination, but rather a conglomeration of factions. Lack of an organized epicenter and lack of training and development of its leaders prevent this church from engaging in the public sphere. Although members embrace their responsibility to care for the needs of others, the church lacks a collective response to community issues. Findings may be used to prepare the next generation of aapc leaders to unify the church to offer spiritual solutions to public policy issues.

scholarly journals Public Opinion and Public Policy in Advanced Democracies

2011 ◽  
Author(s):  
Christopher Wlezien
Keyword(s):  
Public Policy ◽  
Public Opinion ◽  
Voting Behavior ◽  
Descriptive Representation ◽  
Political Systems ◽  
Roll Call ◽  
Political Actors ◽  
The Public ◽  
Self Interest ◽  
The Government

The representation of public opinion in public policy is of obvious importance in representative democracies. While public opinion is important in all political systems, it is especially true where voters elect politicians; after all, opinion representation is a primary justification for representative democracy. Not surprisingly, a lot of research addresses the connection between the public and the government. Much of the work considers “descriptive representation”—whether the partisan and demographic characteristics of elected politicians match the characteristics of the electorate itself. This descriptive representation is important but may not produce actual “substantive representation” of preferences in policy. Other work examines the positions of policymakers. Some of this research assesses the roll call voting behavior of politicians and institutions. The expressed positions and voting behavior of political actors do relate to policy but are not the same things. Fortunately, a good amount of research analyzes policy. With but a handful of exceptions noted below, this research focuses on expressed preferences of the public, not their “interests.” That is, virtually all scholars let people be the judges of their own interests, and they assess the representation of expressed opinion no matter how contrary to self-interest it may seem.

Prison Crowding and the Evolution of Public Policy

1985 ◽  
Vol 478 (1) ◽  
pp. 31-46 ◽  
Author(s):  
JOAN MULLEN
Keyword(s):  
Nineteenth Century ◽  
Public Policy ◽  
Decision Making ◽  
Public Interest ◽  
Budget Constraints ◽  
The Public ◽  
Minimum Standards ◽  
Eighth Amendment ◽  
The Future ◽  
American Prison

While crowding has been a persistent feature of the American prison since its invention in the nineteenth century, the last decade of crisis has brought more outspoken media investigations of prison conditions, higher levels of political and managerial turmoil, and a judiciary increasingly willing to bring the conditions of confinement under the scope of Eighth Amendment review. With the added incentive of severe budget constraints, liberals and conservatives alike now question whether this is any way to do business. Although crowding cannot be defined by quantitative measures alone, many institutions have far exceeded their limits of density according to minimum standards promulgated by the corrections profession. Some fall far below any reasonable standard of human decency. The results are costly, dangerous, and offensive to the public interest. Breaking the cycle of recurrent crisis requires considered efforts to address the decentralized, discretionary nature of sentence decision making and to link sentencing policies to the resources available to the corrections function. The demand to match policy with resources is simply a call for more rational policymaking. To ask for less is to allow the future of corrections to resemble its troubled past.

Without Warning and Defenseless

2020 ◽  
pp. 104-118
Author(s):  
Timothy W. Kneeland
Keyword(s):  
Public Policy ◽  
Natural Disaster ◽  
Safety Net ◽  
Civil Defense ◽  
American Democracy ◽  
National Weather Service ◽  
The Public ◽  
Legislative Session ◽  
State Senator ◽  
The Government

This chapter describes how the public also vented anger and frustration at agents of government whose job it was to protect people before a natural disaster occurred. The public was incensed at having received no warnings from the National Weather Service (NWS) and demanded to know why their local civil defense organizations had failed in the midst of the crisis. The public expected to hold someone responsible for the death and the destruction of property. Assigning blame is an integral component of American democracy; in order for change to occur, the electorate must assign responsibility when the government fails so they can pressure officials into improving public policy. In response to the public outrage, elected officials conducted a series of hearings into what went wrong before and during the Hurricane Agnes disaster. State senator Bill Smith, who was unable to get Governor Nelson Rockefeller to agree to a special legislative session, teamed up with Senate majority leader Warren Anderson to hold special hearings into government failures during the disaster. These investigations would show just how tattered the disaster safety net had become in the days before Hurricane Agnes.

Behind the Scenes with the Snowden Files

2021 ◽  
pp. 105-122
Author(s):  
Ellen Nakashima
Keyword(s):  
National Security ◽  
Civil Liberties ◽  
Careful Consideration ◽  
Right To Know ◽  
Washington Post ◽  
The Public ◽  
The Media ◽  
The Government ◽  
Duty To Inform ◽  
Push And Pull

This essay examines how the Washington Post dealt with the tension between its duty to inform the public and its desire to protect national security when it received documents leaked by Edward Snowden. The essay describes the push-and-pull between the media and the government. Journalists try to advance the public’s right to know, particularly about potential government encroachment on civil liberties, and the government tries to defend the security of the country while respecting civil liberties. Reporters with a bias for public disclosure voluntarily withhold certain documents and details based on a careful consideration of harm, and intelligence officials with a bias toward secrecy do not fight every disclosure. The Post’s coverage of the Snowden leaks provides an opportunity to gain insights into how to navigate the inevitable conflicts between journalists’ desire to inform the public and the government’s desire to protect its secrets from foreign powers.

The Public Policy Environment of the Privacy-Security Conundrum/Complement

2011 ◽  
pp. 195-213 ◽  
Author(s):  
J. Bagby
Keyword(s):  
Public Policy ◽  
National Security ◽  
Records Management ◽  
Privacy Rights ◽  
Privacy And Security ◽  
The Public ◽  
Confidential Data ◽  
Networked Computers ◽  
Security Compliance ◽  
Electronic Records Management

Public policy constraints impact deployment of most technology underlying the convergence of digital technologies in telecommunications, e-commerce, and e-government. Networked computers increase the vulnerability of confidential data, transaction processing infrastructure and national security. Compliance regulation imposes complex constrains on data management by government, the private-sector and their personnel. Privacy and security are a balance between individual interests in secrecy/solitude and society’s interests in security, order, and efficiency. This chapter explores the key political, legal, and regulatory methods for resolving conflicts between privacy rights and security methods to encourage convergence success. The “Privacy-Security Conundrum” is framed, then set against the more cross-dependant relationships of a “Privacy-Security Complement.” Security law illustrates that the conundrum-complement dilemma serves to define convergence as constrained and induced by the legal and policy perspectives or privacy, intellectual property, technology transfer, electronic records management, torts, criminal law, fiduciary and contractual duties and professional ethics regulating privacy and security.

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