The Existence of Free Access to Public Legal Information as a Legal Right By Dr. Leesi Ebenezer Mitee
Table of Contents SHOW
SHARE THIS ON SOCIAL MEDIA:

Chapter 4: The Existence of Free Access to Public Legal Information as a Legal Right

Copyright © 2021 By Dr. Leesi Ebenezer Mitee

Book Chapter Citation

Leesi Ebenezer Mitee, ‘The Existence of Free Access to Public Legal Information as a Legal Right’ in Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights, Volume 1, New Human Right of Free Access to Public Legal Information Book Series (Publisher: Koinonia Legal Research and Book Publishing, Tilburg, The Netherlands 2020)

Book Chapter Title

The Existence of Free Access to Public Legal Information as a Legal Right

Book Title

Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights (Volume 1)

Book Series Title

New Human Right of Free Access to Public Legal Information Book Series

Book Formats

ISBN 9789083108520 (eBook or e-Book): Digital or electronic book that you can read on your mobile phone, computer tablet, eReader, laptop, desktop computer, etc.

ISBN 9789083108506 (Paperback)

Publisher: Koinonia Legal Research and Book Publishing, Tilburg, The Netherlands

Book Author

Dr. Leesi Ebenezer Mitee
Doctor of Philosophy (PhD) with specialisation in international human rights law, legal information technology or legal informatics (the application of information technology to legal processes and legal information systems), indigenous customary law, and indigenous rights; Master of Laws (LLM) in comparative access to public legal information in the United Kingdom and Nigeria; postgraduate professional legal practice certificate (BL); Bachelor of Laws (BL); Higher National Diploma (HND) in town & country planning (urban & regional planning); Fellow, Society for Advanced Legal Studies (United Kingdom); Member, Internet Society (United States); Member, American Indigenous Research Association (United States)

Book Chapter Publication Information

The book chapter, ‘The Existence of Free Access to Public Legal Information as a Legal Right’ in Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights (Volume 1 of the Human Right of Free Access to Public Legal Information Book Series) is in the publishing process.

Information on its publication, sale, and online access outlets will be published here, as soon as the book is published and available for global distribution.

Book Chapter Description (Abstract)

Free access to public legal information is an ancient concept that began with the publishing technique of inscribing laws on stones and other durable materials that were kept in public places (e.g. the Law Code of Hammurabi in about 1754 BC) and it later enjoyed express judicial recognition after more than 3,000 years (e.g. in the 1886 US case of Nash v Lathrop). The Free Access to Law Movement that started in 2002 and contemporary legal scholarship have now popularised and enlivened the concept. However, the available literature on the right of free access to public legal information does not examine it precisely in the specific con-text of legal rights, neither is there any existing comprehensive definition of the right, although such definition can enhance its understanding, application, protection, promotion, and actualisation globally. This study developed and used a novel contextual framework and doctrinal legal analysis of the relevant principles in the primary sources of law to determine whether free access to public legal in-formation exists as a legal right. The major findings include the following. First, free access to public legal information exists as a legal right under the general right of access to public or government-held information and it is enforceable un-der freedom of information laws. Second, there are statutory requirements to publish public legal information with basic accessibility (the traditional requirement, e.g. Section 4 of the New Zealand Acts and Regulations Publication Act 1989) and with technologically enhanced accessibility (the modern requirement, e.g. Section 173.763 of the Oregon Revised Statutes 2015). Third, all levels of government (national, regional, and local) and intergovernmental organisations (IGOs) worldwide that have lawmaking and judicial powers are the duty-bearers that have the exclusive moral and legal obligation to provide free adequate access to all categories of their public legal information. Fourth, all persons and corporate organisations that are bound to obey the law because they are presumed to know the law, ignorance of which is no excuse for its violation, are the beneficiaries or right-holders who are legally entitled to the required free adequate access that the duty-bearers are obligated to provide. The study concludes that free access to public legal information exists as a legal right but under an inadequate legal framework, and notes the claims by some scholars that it is also a human right. It proposes a comprehensive definition of the right and makes recommendations for the proper national and international legal framework for its protection, promotion, and actualisation to enhance national and global free access to all categories of public legal information. The study has law-reform and policy-relevant implications for the rule of law and the global system of criminal justice.

Keywords: Human right of free access to public legal information, Human right of free access to law, Huricompatisation customary law ascertainment, Definition of right of free access to law, Access to law (duty-bearers and right-holders), Lee Loevinger and jurimetrics, Freedom of information (Acts and Laws), Doctrine of ignorance of the law is no excuse

Links to All the 8 Chapters in Volume 1

Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8

Any problem with this website or any suggestion? Click here to tell us about it. Thanks!