Anti-terrorism laws: balancing national security and a fair hearing

Security Human Rights Counter-Terrorism

Increasingly since 9/11, national security questions have arisen in civil litigation, in areas as diverse as immigration, family law and contractual disputes. This chapter considers the situation where security-sensitive information is withheld from a party or the public. h e denial of access to such information, in circumstances where it would ordinarily be available, can impact deleteriously on a party’s right to a fair hearing and the principle of open justice.