ABSTRACT

The security of the state is of the utmost importance to the integrity and well being of a nation and to individual citizens whose rights and freedoms are protected by the security of the state. On the other hand, the rights of citizens may be adversely affected by the exercise of such powers and there exists the potential for governments to hide behind the doctrine of national security in order to prevent scrutiny of executive action. Two principal constitutional questions arise from state security. The first concerns the extent to which arrangements secure some form of balance between the competing needs of state security and protection of the individual. The second issue relates to the manner in which – and extent to which – the government is held accountable for powers exercised in the name of state security, either through supervision of the courts or through the democratic process.