The Law : Government Transparency and Public Access

2021 ◽  
Author(s):  
Gbemende E. Johnson
Keyword(s):  
Public Access ◽  
Government Transparency ◽  
The Law

scholarly journals From Stele to Silicon: Publication of Statutes, Public Access to the Law, and the Uniform Electronic Legal Material Act

2019 ◽  
Author(s):  
Frederick Dingledy
Keyword(s):  
Legal System ◽  
Public Access ◽  
The Public ◽  
The Law

111 Law Libr. J. 165 (2019). For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.

scholarly journals The Right of Public Access to Legal Information: A Proposal for its Universal Recognition as a Human Right

2017 ◽  
Vol 18 (6) ◽  
pp. 1429-1496 ◽  
Author(s):  
Leesi Ebenezer Mitee
Keyword(s):  
Legal Framework ◽  
Public Access ◽  
Free Access ◽  
Human Right ◽  
Intergovernmental Organization ◽  
Legal Information ◽  
Ex Post ◽  
Global Access ◽  
The Law ◽  
The Right

This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its 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 Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to 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. These contents provide valuable input for urgent interim national and regional laws and policies on public access to 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 widespread 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 underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”

scholarly journals 'Revenge Porn': A Victim Focused Response

2016 ◽  
Vol 2 ◽  
Author(s):  
Alyse Dickson
Keyword(s):  
Public Access ◽  
The Internet ◽  
Child Victims ◽  
Legal Remedies ◽  
Civil Remedies ◽  
Revenge Porn ◽  
The Law ◽  
Fast Removal

This article argues that the Australian Parliament should provide victims of revenge pornography with a victim focused response to enable the fast removal of intimate images from the internet and to mitigate the harm that the ongoing public access to the images can cause. Part I outlines the reasons why revenge pornography has created a new problem for the law. Part II addresses the existing legal remedies and Part III outlines the different approaches that the Australian Parliament could plausibly adopt. It argues that while criminal laws and civil remedies may assist, they do not provide efficient remedies for victims. The article concludes that the Australian Parliament should extend the powers of the Children’s e-Safety Commissioner to deal with adult victims as well as child victims and thereby facilitate the fast removal of revenge pornography from the internet.

Transparency will wait on US agency resets

2015 ◽  
Keyword(s):  
United States ◽  
New York ◽  
National Level ◽  
The United States ◽  
Public Access ◽  
Access To Information ◽  
Content Type ◽  
Government Transparency ◽  
Proper Functioning ◽  
Super Pac

Significance Clinton has weathered a scandal in which it was revealed that she used a private email service (based on a server located in her home in New York) for official correspondence as secretary of state. Clinton has pledged to turn all emails over to government archives, but deleted 30,000 messages deemed personal. The story raised questions of balancing government transparency and proper functioning in an era where most communications are recorded electronically. Impacts The United States will likely continue to fail to fund and effectively administer existing FOIA requirements. Improving public access to information remains a matter for partisan jostling, and has little priority at the national level. Issues of transparency may shift to focus on campaign donations and Super PAC collaboration.

The Countryside and Rights of Way Act 2000

2002 ◽  
Vol 4 (2) ◽  
pp. 87-100
Author(s):  
Angela Sydenham
Keyword(s):  
Nature Conservation ◽  
Public Access ◽  
Traffic Regulation ◽  
Natural Beauty ◽  
Public Rights ◽  
Environmental Considerations ◽  
The Law

The Countryside and Rights of Way Act 2000 received the Royal Assent on 30 November 2000. It is ‘An Act to make new provision for public access to the countryside; to amend the law relating to public rights of way; to enable traffic regulation orders to be made for the purpose of conserving an area's natural beauty; to make provision with respect to the driving of mechanically propelled vehicles elsewhere than on roads; to amend the law relating to nature conservation and the protection of wildlife; to make further provision with respect to areas of outstanding natural beauty; and for connected purposes.’1 This article gives an outline of the main provisions of the Act with particular emphasis on how environmental considerations have been taken into account in the legislation relating to public access.

scholarly journals Who Owns the Law? Why We Must Restore Public Ownership of Legal Publishing, 26 J. Intell. Prop. L. 205 (2019)

2019 ◽  
Author(s):  
Leslie Street ◽  
David R. Hansen
Keyword(s):  
Electronic Publishing ◽  
Contract Law ◽  
Public Access ◽  
Free Access ◽  
State Governments ◽  
Public Ownership ◽  
History Of ◽  
The Law ◽  
Computer Fraud

Each state has its own method for officially publishing the law. This article looks at the history of legal publishing for the fifty states before looking at how legal publishing even in moving to electronic publishing may not ensure public access to the law. The article addresses barriers to free access to the law in electronic publishing including copyright, contract law, and potentially, the Computer Fraud and Abuse Act. The article concludes with prescriptions for how different actors, including state governments, publishers, libraries, and others can ensure robust public access to the law moving forward.

Public Interest Group Participation in Decisionmaking: The Broader Meaning of the Law Reform Commission Proposals

1979 ◽  
Vol 10 (2) ◽  
pp. 143-160
Author(s):  
Alan S. Miller
Keyword(s):  
Decision Making ◽  
Interest Groups ◽  
Public Interest ◽  
Present Situation ◽  
Public Access ◽  
Law Reform ◽  
Group Participation ◽  
Locus Standi ◽  
Public Interest Groups ◽  
The Law

In this article the author examines the expanding role which public interest groups can play in decision making in our society. He discusses the proposals of the Law Reform Commission to ease the present rigid locus standi requirements and points out that the main issue is not access to the courts but to government itself, and that various matters which he then investigates control public access. He concludes by suggesting several ways in which the present situation may be modified and improved.

scholarly journals IMPLIKASI HUKUM PENDAFTARAN JAMINAN FIDUSIA ONLINE TERHADAP ASAS PUBLISITAS SEBAGAI SALAH SATU CIRI HAK JAMINAN KEBENDAAN

2019 ◽  
Vol 5 (1) ◽  
pp. 79-87
Author(s):  
Dofi Yos Hermawan
Keyword(s):  
Low Cost ◽  
Public Access ◽  
Legal Certainty ◽  
Creditor Rights ◽  
Online System ◽  
Online Registration ◽  
The Law ◽  
Legal Consequences ◽  
Main Material

The main material of the study due to the law of online fiduciary registration on the principle of publicity as one of the characteristics of material security rights, with the formulation of the problem What is the online registration of fiduciary collateral and What is the result of the legal registration of online system fiduciary guarantees for creditors' publicity rights. The conclusions are as follows: Ratio Legis registration of online fiduciary guarantees, is to improve the service of registration of fiduciary guarantees easily, quickly, and at low cost. Fiduciary registration to guarantee legal certainty and fulfillment of the principle of publicity, but online fiduciary registration involves a notary, only a notary who has a password to access the registration of fiduciary collateral rights, for notary registration of fiduciary insurance impairs public / public access to know that the object belonging to the debtor is burdened with fiduciary collateral for repayment of debt when the debtor is in default. The online system registration fiduciary legal consequences of creditor rights, that the registration of fiduciary guarantees with an online system, against creditors has guaranteed legal certainty by issuing fiduciary certificates, but does not guarantee legal certainty if it turns out that objects fiduciary collateral have been made public, so what happens is that fiduciary is repeated, even though according to Article 17 of the Fiduciary Guaranty Law, re-fiduciary is prohibited. The occurrence of this re-fiduciary was indeed complained by the notary because of the lack of publicity principles regarding the condition of objects being burdened as fiduciary guarantees

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