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National Security and Fundamental Human Rights - A Study of the National Intelligence Service Law and PracticeHsu, Ko-Wen 25 July 2011 (has links)
The ultimate goal of modern constitutionalism is to protect the human rights, and its realization is the establishment of a "limited government." To maintain national security, protect our society and people from all hazard, is the obligation of the government which owning the national executive power. In order to secure the national security, national defense, diplomacy and intelligence become the most important affairs of the government, and also with less oversight from the legislative power.
The national intelligence services will influence the success or failure of national defense and diplomacy. To acquiring more early warning time, intelligence services are the indispensable work to secure the national security. Depending on the principle of Rule of Law of modern constitutionalism, the intelligence organizations shall follow the principle of rule by law. Also, the positive rule by law must abide by the ¡§Vorbehalt des Gesetzes.¡¨ Basing on the check and balance, intelligence services should be over-sighted by the legislative branch. However, because of the nature of secrecy, intelligence services should be only over-sighted in essential and limited sphere to avoid endangering agents¡¦ security and operations.
This paper analyzes laws, histories and practices of the intelligence organizations in the United States, Germany and ROC, as well as intelligence-and-administration-in-one or separation. We also compare the tasks, missions and laws of intelligence operations of the United States, Germany and ROC. This paper also studies on how intelligence agencies are supervised by Congress in the principle of balance and check.
This paper finds that the Intelligence Service Law of ROC is equivocalness between information and intelligence. Information collection through secret way is adopted by indefinite law concept, therefore, people lack the right of information self-determination and post-relief system. Legislative oversight lacks the substantial meaning, and merely has the work of administrative oversight by law. To establish the Intelligence Oversight Board seems to be not necessary.
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Ubåtar på djupdyk i svensk media : En kvalitativ textanalys av framställningen av ubåtskränkningen i Stockholms skärgård år 2014 i svensk media.Karlsson, Maria January 2015 (has links)
The 17th October 2014 the Swedish Armed Forces (SwAF) introduced an intelligence operation in Stockholm archipelago after receiving credible observations regarding illegal underwater activities. Following the data collection and associated analysis it could be stated with certainty that a foreign submarine had violated the Swedish territorial waters. Media depend on SwAF to provide them with accurate information due to the confidentiality in these matters and the general area of investigation is therefore how the actions of the Swedish Armed Forces, in the submarine incident 2014, were portrayed in the Swedish media. Newspapers and blogs of defense policy represent the media and the thesis is based on the theories constructed by Graham Allison, the rational actor, organizational behavior and governmental politics. Furthermore, it is relevant to examine if there are any similarities or differences in how the submarine incident is illustrated, and what may be the reason for any possible occurrences. The conclusion shows that the same tendency of frequent used theories occur equivalent throughout the media where the rational actor was highlighted, and few attempts were made to include governmental politics. The newspapers adopt a descriptive character whereas the blogs mainly focus on discussions regarding operational improvements, which probably vary due to the different types of platforms and their time-dependent interest in the matter.
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Ubåtar på djupdyk i svensk media : En kvalitativ textanalys av framställningen av ubåtskränkningen i Stockholms skärgård år 2014 i svensk media.Karlsson, Maria January 2015 (has links)
The 17th October 2014 the Swedish Armed Forces (SwAF) introduced an intelligence operation in Stockholm archipelago after receiving credible observations regarding illegal underwater activities. Following the data collection and associated analysis it could be stated with certainty that a foreign submarine had violated the Swedish territorial waters. Media depend on SwAF to provide them with accurate information due to the confidentiality in these matters and the general area of investigation is therefore how the actions of the Swedish Armed Forces, in the submarine incident 2014, were portrayed in the Swedish media. Newspapers and blogs of defense policy represent the media and the thesis is based on the theories constructed by Graham Allison, the rational actor, organizational behavior and governmental politics. Furthermore, it is relevant to examine if there are any similarities or differences in how the submarine incident is illustrated, and what may be the reason for any possible occurrences. The conclusion shows that the same tendency of frequent used theories occur equivalent throughout the media where the rational actor was highlighted, and few attempts were made to include governmental politics. The newspapers adopt a descriptive character whereas the blogs mainly focus on discussions regarding operational improvements, which probably vary due to the different types of platforms and their time-dependent interest in the matter.
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