In From the Cold: National Security and Parliamentary Democracy [Hardcover]

Laurence Lustgarten (Author), Ian Leigh (Author)

Book Description

Publication Date: September 15, 1994

How, in a democratic state, can the competing interests of the need for national security and the demand for open government be reconciled? Should Security Services have a legal obligation to report their activities and should their members be held liable for exceeding the powers bestowed upon them by Parliament? These questions have taxed governments and academic commentators for generations until now. The early 1990s have witnessed an unprecedented change in public opinion and governmental attitude away from the extreme levels of secrecy and mystery which have traditionally enshrouded the Security Services. In this searching analysis, two leading constitutional lawyers shed light on the legal powers and basis of this murky area of government, comparing the accountability of Britain's Security Services with the very different situations in Canada and Australia. The authors question whether we still need, or should tolerate, the level of secrecy together with all the possibilities for misuse and abuse of power which accompany it in this authoritative study of the constitutional and legal position of the Security Services in Britain.

Editorial Reviews

Review

`Monumental study ... essential to any exploration of such questions ... ground breaking.' John Torode, The Independent

`A savage and magisterial book by a couple of senior law academics ... this is a brilliant and important book ... the authors should be seconded to the Home Office for a couple of years to prepare and see through the legislation. It's all in their book.' Tribune

`Quite brilliant.' Bernard Porter, The Times Literary Supplement

`Valuable ... their interviews with present and serving members of the spying fraternity give the volume a depth and authority not often found in works of this sort ... [they] argue with great originality and persuasiveness.' Conor Gearty, New Statesman and Society

`Their material is up-to-date, with a section written at the end of 1993 on the new ligislation covering the Secret Intelligence Service, GCHQ and the Security Service. It is a book which should be part of the initial training course for any prospective member of those three organisations. It is also valuable reading for anyone in government whose work may touch on the inevitable tension between national security and democratic freedoms.' Sir Timothy Garden, Commandant of the Royal College of Defence Studies in London, The Times Higher Education Supplement

'They have utilized an impressive range of sources ... A wide readership should be attracted to the book as the separate sections contain incisive discussions of important current issues.' Frank Gregory, University of Southampton, International Affairs

`An excellent book which carefully analyses the use of the concept of national security and how it has been used by the state to curtail the rights of individuals ... A very important analysis of the workings of the secret heart of the state.' Civil Liberty Agenda

`This is a major legal analysis of the relevance of `recurring themes of constitutionalism to the realm of security and intelligence'. The study is comparative ... the comprehensiveness and skill of the analysis here make this book quite indispensable in understanding the legal issues surrounding developments in the control of security intelligence agencies ... for all those interested in watching the performance of this new Committee, and indeed for its members, this book is essential reading.' Intelligence and National Security

`Impressive book ... Lustgarten and Leigh's magisterial and sharply critical analysis draws not only on the usual published sources but is also based on interviews with a number of senior security officials in the UK, Canada, and Australia ... The authors' diagnosis of the current problems, and their proposals for reform, are both rich in detail and expressed with great power and conviction.' Anglo-American Law Review

`Impressive book ... Lusgarten and Leigh's magisterial and sharply critical analysis draws not only on the usual published sources but is also based on interviews with a number of senior security officials in the UK, Cananda, and Australia ... The authors' diagnosis of the current problems, and their proposals for reform, are both rich in detail and expressed with great power and conviction.' Anglo-American Law Review

About the Author

Laurence Lustgarten is Professor of Law-elect at the University of Southampton. Ian Leigh is Lecturer in Law at the University of Newcastle-upon-Tyne

Product Details

• Hardcover: 576 pages
• Publisher: Oxford University Press, USA (September 15, 1994)
• Language: English
• ISBN-10: 019825234X
• ISBN-13: 978-0198252344
• Product Dimensions: 9.2 x 6.1 x 1.6 inches
• Shipping Weight: 2.3 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #4,046,805 in Books (See Top 100 in Books)

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5.0 out of 5 stars What in Rose...., February 19, 2000

By 

Gerard Magherini (London, England) - See all my reviews

This review is from: In From the Cold: National Security and Parliamentary Democracy (Hardcover)

Lustgarten and Leigh have produced a definitive text on the issues that surround National Security issues for a Parliamentary Democracy. Published in 1994 this should be considered one of the primary texts on internal security issues in relation to Parliamentary Democracy and Civil and Societal Liberties.

I highly recommend it to both graduate and undergraduate students in the field. But if might have the temerity to suggest it. Giving the shifting paradigms of Security issues Lustgarten & Leigh deserve to give us a newly revised edition at their earliest convenience. Having said that, read this book and if they revise it read that one too!