Access to Legal Information Books and eBooks on the Human Right of Access to Law

Free Access to Law (Legal Information) is a Legal Right

Copyright © 2021 By Dr. Leesi Ebenezer Mitee, PhD in International Human Rights Law, Legal Information Technology (Legal Informatics), Indigenous Customary Law and Indigenous Rights

Chapter 4 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 presents a brief background to the study, defines the aim of the research, and summarises its contribution to scholarly literature.

Section 2 develops the contextual framework for examining the existence of the right of free access to public legal information.

Section 3 examines the existence of the right of free access to public legal information under the general right of free access to public (government-held) information.

Sections 4 discusses the statutory traditional requirement to publish public legal information with basic accessibility and the statutory modern requirement to publish it with technologically enhanced accessibility.

Section 5 identifies governments and lawmaking intergovernmental organisations as the duty-bearers that have the exclusive legal obligation to provide free adequate access to all categories of their public legal information and discusses the judicial recognition and enforcement of the right-holders’ legal entitlement to that provision.

Section 6 outlines the major findings of the study and concludes that free access to public legal information exists as a legal right and notes its inadequate legal framework. It proposes a comprehensive definition of the right and makes far-reaching law-reform and policy-relevant recommendations for the proper international human rights legal framework for its protection, promotion, and actualisation to enhance national and global free access to all categories of public legal information. The Section ends with a note on the indispensability and universal relevance of the right of free access to public legal information.