Deliberative process privilege is the common-law principle that the internal processes of the executive branch of a government are immune from normal disclosure or discovery in civil litigations, Freedom of Information Act requests, etc.
The theory behind the protection is that by guaranteeing confidentiality, the government will receive better or more candid advice, recommendations and opinions, resulting in better decisions for society as a whole. The deliberative process privilege is often in dynamic tension with the principle of maximal transparency in government.
In the context of the U.S. presidential offices and their work products, this principle is often referred to as executive privilege, or as a type of executive privilege that is distinct from "presidential communications privilege".
The executive is the part of government which executes or enforces the law.
Immunity may refer to:
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.
A legislature is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational. Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities.
Commission or commissioning may refer to:
Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample of the population that is given the time and resources to focus on one issue.
United States v. Nixon, 418 U.S. 683 (1974), was a landmark decision of the Supreme Court of the United States in which the Court unanimously ordered President Richard Nixon to deliver tape recordings and other subpoenaed materials related to the Watergate scandal to a federal district court. Decided on July 24, 1974, the ruling was important to the late stages of the Watergate scandal, amidst an ongoing process to impeach Richard Nixon. United States v. Nixon is considered a crucial precedent limiting the power of any U.S. president to claim executive privilege.
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential communications. The right comes into effect when revealing the information would impair governmental functions. Neither executive privilege nor the oversight power of Congress is explicitly mentioned in the United States Constitution. However, the Supreme Court of the United States has ruled that executive privilege and congressional oversight each are a consequence of the doctrine of the separation of powers, derived from the supremacy of each branch in its area of constitutional activity.
Public interest immunity (PII), previously known as Crown privilege, is a principle of English common law under which the English courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest. This is an exception to the usual rule that all parties in litigation must disclose any evidence that is relevant to the proceedings. In making a PII order, the court has to balance the public interest in the administration of justice and the public interest in maintaining the confidentiality of certain documents whose disclosure would be damaging. PII orders have been used in criminal law against large organised criminal outfits and drug dealers where the identity of paid police informants could be at risk.
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation via the Due Process Clause of the Fourteenth Amendment of 1868.
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.
Nixon v. Fitzgerald, 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office. The Court found that a president "is entitled to absolute immunity from damages liability predicated on his official acts."
The Cabinet of Turkey or Presidential Cabinet is the body that advises the President of Turkey on executive affairs. It is composed of the President, Vice President and the heads of the ministries. After the Council of Ministers was abolished with 2017 constitutional referendum, the Cabinet now acts as an informal advisory forum as all its powers and functions were vested to the President.
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take a particular action. These may include legislative motions, budgetary motions, supplementary budgetary motions, and petitionary motions.
In United States law, absolute immunity is a type of sovereign immunity for government officials that confers complete immunity from criminal prosecution and suits for damages, so long as officials are acting within the scope of their duties. The Supreme Court of the United States has consistently held that government officials deserve some type of immunity from lawsuits for damages, and that the common law recognized this immunity. The Court reasons that this immunity is necessary to protect public officials from excessive interference with their responsibilities and from "potentially disabling threats of liability."
Types of democracy refers to the various governance structures that embody the principles of democracy in some way. Democracy is frequently applied to governments, but may also be applied to other constructs like workplaces, families, community associations, and so forth.
Gombojav Zandanshatar is a Mongolian politician. He is a member of the Mongolian People's Party, and served as Party General Secretary from 2012 to 2013. Zandanshatar currently serves as Mongolian President's chief of staff.
Nixon v. General Services Administration, 433 U.S 425 (1977), is a landmark court case concerning the principle of presidential privilege and whether the public is allowed to view a President's “confidential documents”. The Presidential Recordings and Materials Preservation Act, signed into law by President Gerald Ford in 1974, ordered that the Administrator of the General Services Administration obtain President Richard Nixon’s presidential papers and tape recordings. In addition, the Act further ordered that government archivists seize these materials. These archivists would preserve the material deemed historic and return to former President Nixon the materials deemed private. Furthermore, this Act stated that material that was preserved could be used in judicial hearings and proceedings. Immediately after this Act was enacted, Richard Nixon filed a lawsuit in a federal district court claiming that the Act violated the principle of separation of powers, the principle of presidential privilege, Nixon's personal privacy, his First Amendment right of association, and further asserted that it amounted to a constitutionally prohibited Bill of Attainder.
United States Fish and Wildlife Service v. Sierra Club, Inc., 592 U.S. 261 (2021), was a Supreme Court of the United States case involving whether the use of a Freedom of Information Act (FOIA) request can be used to access documents from a U.S. agency that are protected under the deliberative process privilege exemption, in this specific case, draft biological opinions made and reviewed by the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) prior to a final rulemaking decision by the Environmental Protection Agency (EPA) related to impacts on endangered aquatic species, requested by the Sierra Club. The Court ruled in a 7–2 decision in 2021 that the government does not have to disclose "draft biological opinions" involving potential threats to endangered species, even though the drafts reflect an agency's final proposal. The ruling limits environmental groups' ability to obtain government documents using the FOIA.
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