CEU eTD Collection (2018); Samkharadze, Tamari: National Security v. Personal Insecurity - Electronic Surveillance and Prevention of Abuse of State Power in U.S., Germany and Georgia

CEU Electronic Theses and Dissertations, 2018
Author Samkharadze, Tamari
Title National Security v. Personal Insecurity - Electronic Surveillance and Prevention of Abuse of State Power in U.S., Germany and Georgia
Summary This thesis examines and compares approaches towards the privacy v. security trade-off in the U.S., Germany and Georgia with the specific focus on the decisions of domestic Supreme/Constitutional Courts regarding the prevention of abuse of powers while conducting electronic surveillance. Discussion on the jurisprudence of the respective Courts demonstrates that despite American libertarian principles focusing on constraining the state power, in the context of electronic surveillance the Supreme Court has failed to address the contemporary challenges. By contrast, with the desire to overcome the inheritance of the totalitarian past, Constitutional Courts of Germany and Georgia have engaged in more meaningful Constitutional review, by expansive interpretation of scope of privacy, as well as their focus on the rule of law and elaborate system of safeguards.
Supervisor Blankenagel Alexander
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2018/samkharadze_tamari.pdf

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