Secret laws

Secret regulations
Secret government procedures

Nature

It is inconsistent with fundamental notions of justice to convict or punish persons for violations of laws, decrees, or regulations which have been kept secret, or have not received sufficient publication to give notice to such persons, or whose contents is not available or accessible to the general public or persons affected by such laws.

Incidence

A 2017 report by the Brennan Center for Justice identified at least 13 U.S. federal agencies that maintained bodies of secret law, including classified legal opinions and directives, with the precise number and scope remaining undisclosed due to their very nature. Similar practices have been documented in countries such as the United Kingdom and Russia, where secret legal interpretations or unpublished regulations affect significant government actions without public knowledge or oversight.
In 2015, the U.S. Second Circuit Court of Appeals ruled that the Department of Justice’s secret legal memos justifying the targeted killing of a U.S. citizen abroad constituted secret law, highlighting the ongoing controversy over undisclosed legal authorities.

Claim

Secret laws undermine the very foundation of democracy and justice. When laws are hidden from the public, citizens cannot hold their government accountable, leading to abuses of power and erosion of civil liberties. Transparency is essential for a functioning society; without it, trust is shattered, and the rule of law becomes arbitrary. We must demand clarity and openness in our legal systems to protect our rights and ensure that justice is accessible to all.

Counter-claim

The notion of "secret laws" is largely exaggerated and distracts from real issues. Most legal systems operate transparently, ensuring that laws are accessible to the public. The focus should be on improving legal literacy and civic engagement rather than sensationalizing the idea of hidden regulations. By fostering a culture of accountability and open dialogue, we can address genuine societal concerns instead of fixating on unfounded fears about secretive legal frameworks.