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State Secrets, Open Justice, and the Criss-Crossing Evolution of Privilege in the United States and United Kingdom
L’Observateur des Nations Unies (2010)
  • Steven D. Schwinn, John Marshall Law School
Abstract
This essay argues that the state secrets privilege in the United States and public interest immunity in the United Kingdom have evolved in exactly the opposite direction. Thus the United States state secret privilege has evolved from a common law privilege that allowed for meaningful judicial review, to a potentially sweeping privilege that crowds out any consideration of the plaintiff's interests in access. At the same time, public interest immunity in the United Kingdom evolved from a robust immunity with no meaningful judicial review to a much weaker immunity with significant judicial oversight and consideration of the plaintiff's interest in access to justice.
Disciplines
Publication Date
2010
Citation Information
Steven D. Schwinn. "State Secrets, Open Justice, and the Criss-Crossing Evolution of Privilege in the United States and United Kingdom" L’Observateur des Nations Unies Vol. 29 (2010)
Available at: http://works.bepress.com/steven_schwinn/35/