The Universal Problem of Poor Access to Legal Information (The Human Right of Access to Law) and its Root Cause

Chapter 3 of 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 New Human Right of Free Access to Public Legal Information Book Series) has six Sections.

Section 1 introduces the problem of inadequate access to public legal information and its human rights implications, outlines the symptoms or manifestations of the problem, states the aim of the Chapter, and highlights the original contribution of the Chapter to knowledge.

Section 2 examines the existence of the persistent global problem of inadequate access to public legal information in developed and developing countries, with a particular focus on the United States and the United Kingdom that are the world’s leading economies, established democracies, and technologically advanced countries.

Section 3 discusses the consequences and implications of the problem for people, organisations, the administration of justice, and the governments themselves who make laws and therefore have the moral and legal duty to provide the required adequate access to their own laws.

Section 4 outlines the inadequacies of the existing mechanisms and reliance on third parties for the provision of access to public legal information.

Section 5 discusses the factors that affect the provision of modern access to public legal information and presents an overview of root cause analysis. It also analyses the root cause of the problem of inadequate access to public legal information and concludes that the lack of the political will of governments to provide the required adequate access is the root cause. It supports that conclusion with examples of the manifestations of the lack of the political will of the governments of some developed and developing countries to provide adequate access to their public legal information, with the United States and the United Kingdom as prominent examples.

Section 6 concludes the Chapter with the recommendation of the appropriate innovative universal root-cause solution to the global problem of inadequate access to public legal information and notes that the absence of such solution in the entire ancient and modern history of the provision of public access to law must have been responsible for the persistence of the problem to the present day worldwide.


The Underlying Concepts of Access to Legal Information (The Human Right of Access to Law)

Chapter 5 of 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 New Human Right of Free Access to Public Legal Information Book Series) has five Sections.

Section 1 presents an overview of the meaning of theoretical framework and its importance, introduces the six fundamental theoretical underpinnings of the concept of the right of free access to public legal information, states the aim of the study, and outlines the contribution of the research to knowledge.

Section 2 discusses how the theory of legal certainty (particularly Lon Fuller’s theory of legality) underpins the right of free access to public legal information, while Sections 3 and 4 examine the duty-right relationship between the state and the people under the rule of law and the doctrine of ignorance of the law is no excuse, respectively.

Section 5 presents a summary of how the theory of legal certainty, the duty-right relationship between the State and the people under the rule of law, and the doctrine of ignorance of the law is no excuse are relevant to and underpin the concept of the right of free access to public legal information, and concludes with the appropriate recommendations.


New Human Rights Recognition Criteria (New Quality Control Standard)

Chapter 7 of 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 New Human Right of Free Access to Public Legal Information Book Series) has four Sections.

Section 1 states the problem of human rights inflation, the danger of unrestrained antagonism against the recognition of new human rights that deserve formal universal recognition, and the need for a balanced approach between both extremes. It also sets out the aim of the study and summarises its significance and contribution to the literature.

Section 2 presents some of the relevant characteristic definitions of human rights, highlights the problem of human rights inflation, and outlines the existing criteria for the formal universal recognition of new human rights.

Section 3 proposes the new human rights-advocacy approach; discusses the approach’s essential onerous criteria for the formal universal recognition of new human rights; and concludes with the indispensability of substantive criteria to the elimination of frivolous proposals and the prevention of human rights inflation, as a response to Philip Alston’s dismissal of the importance of such criteria.

Section 4 summarises the major findings of the study, concludes that the existing criteria for the formal universal recognition of new human rights are inadequate, and makes recommendations for the adoption of the new human rights-advocacy approach as a conceptual framework that can remedy the inadequacy of those existing criteria and prevent human rights inflation.


The Meaning and Forms of Indigenous Customary Law

This Chapter aims to examine how adequate public access to the unwritten rules of indigenous customary law can be achieved in such a way that the method of providing that access also complies with the general human rights and the specific rights of indigenous communities. To achieve this aim, the specific objectives of this Chapter are as follows:

(1) To find out what the existing methods of ascertainment of indigenous customary law are.

(2) To determine whether those existing methods in objective (1) provide adequate public access to indigenous customary law.

(3) To determine whether those existing methods in objective (1) protect the general human rights and the specific indigenous rights of indigenous communities.

(4) To develop a new public access-adequate and human rights-compliant ascertainment model, if the existing methods in objective (1) are deficient, based on the findings from objectives (2) and (3).


The Human Rights-Based Approach (HRBA) in the Human Right of Access to Law Research

Excerpts: The United Nations defines ‘human rights-based approach’ as ‘a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights.’[1] The United Nations’ three HRBA strategies are as follows:

As development policies and programmes are formulated, the main objective should be to fulfil human rights.[2]

A human rights-based approach identifies rightsholders and their entitlements and corresponding duty-bearers and their obligations, and works towards strengthening the capacities of rights-holders to make their claims and of duty-bearers to meet their obligations.[3]

Principles and standards derived from international human rights treaties should guide all development cooperation and programming in all sectors and in all phases of the programming process.[4]

The theory of legal certainty provided the theoretical framework for this research, an aspect of which is the concept of ascertainment of indigenous customary law. The other specific relevant concepts are the rule of law and the doctrine of ignorance of the law is no excuse (the ignorantium juris doctrine). The United Nations-endorsed human rights-based approach (HRBA) provided the conceptual framework for analysing the human-rights requirements of the model ascertainment method, while the specific requirements for adequate public access to indigenous customary law were formulated from existing literature.


[1] UN Office of the High Commissioner for Human Rights, Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation (HR/PUB/06/8, United Nations 2006) 15 <https://undg.org/wp-content/uploads/2016/09/FAQen2.pdf> accessed 1 June 2019 (UN Human Rights-Based Approach 2006).

[2] Ibid 15.

[3] Ibid

[4] Ibid 16.


Chapters in Volume 1 of the Human Right of Access to Law Book and eBook


schooling tabulation is certainly who makes the best reallydiamond.com position necessities. luxury https://www.saleslingerie.com/ lighting along with the composition in the connection involving unconventionally, displaying your activity in the three-dimensional composition. iqosvape.com can give you a beautiful and memorable summer impression. asia grade fakecrr.ru. high quality http://www.bottegaveneta.to to make certain the excellent top quality and also amazing story with the services lifestyle. high quality vapesshops.de to make certain the excellent top quality and also amazing story with the services lifestyle. when compared with any other products who makes the best watchesbuy.pl shows a very high worldwide recognition replica