The Proposal for the Universal Recognition of the Right of Free Access to Public Legal Information as a Substantive Human Right By Dr. Leesi Ebenezer Mitee
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Chapter 8: The Proposal for the Universal Recognition of the Right of Free Access to Public Legal Information as a Substantive Human Right

Copyright © 2021 By Dr. Leesi Ebenezer Mitee

Book Chapter Citation

Leesi Ebenezer Mitee, ‘The Proposal for the Universal Recognition of the Right of Free Access to Public Legal Information as a Substantive Human 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 Proposal for the Universal Recognition of the Right of Free Access to Public Legal Information as a Substantive Human 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 Proposal for the Universal Recognition of the Right of Free Access to Public Legal Information as a Substantive Human 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)

This study examines the desirability of the universal recognition of the right of free access to public legal information as a human right and therefore as part of a legal framework for improving national and global access to public legal information. It discusses the right of free access to public legal information as a legal right and the importance of its international human rights framework. The study argues that every person has the right of free access to public legal information, which casts a legal and moral duty on every government and every intergovernmental organisation with lawmaking and judicial powers to provide adequate and free access to its laws and law-related public documents. It argues further that every government can afford the provision of adequate access to its public legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this study advocates the universal recognition of the right of free access to public legal information as a human right and makes a proposal for a UN Convention on the Right of Free Access to Public Legal Information. It provides the essential contents of the proposed UN Convention which incorporate the Hague Conference Guiding Principles to be Considered in Developing a Future Instrument 2008. These contents provide valuable input for urgent interim national and regional laws and policies on access to public legal information, pending the Convention’s entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote wide-spread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability under ex post facto and nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”

Keywords: Human right of free access to public legal information, United Nations Convention on the Right of Free Access to Public Legal Information, Human right of free access to law, Ignorance of inaccessible law is an excuse, Huricompatisation indigenous customary law ascertainment, New Human Rights

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

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