Constitutional Interpretation by the Judiciary

2020 ◽  
pp. 109-151
Author(s):  
Himanshu Jha
Keyword(s):  
Supreme Court ◽  
Information Flow ◽  
Press Freedom ◽  
Right To Know ◽  
The Press ◽  
Freedom Of Press ◽  
The Supreme Court ◽  
The Right To Know ◽  
Two Phases ◽  
The Right

This chapter traces the trajectory of ideas that emanated from the judiciary since the early 1950s. The ideational movement within the judiciary coincides with the first two phases. This chapter discusses significant judicial cases in which the Supreme Court has interpreted Article 19 (1) (a) of the Constitution of India as inherently containing the right to know. Initially ideas on openness from the judiciary emerged in a nascent form where the judicial verdicts established the linkage between the freedom of press and the importance of information flow and dissemination in a democracy. Later, the judiciary moved beyond the specifics of the press freedom and examined the question of openness in government affairs, challenging the nested norm of secrecy. This interpretation provides the link to the long-drawn process of emerging ideas on openness emanating from within the state.

scholarly journals The right to know and freedom of expression in the Arab world in the Digital Age

2019 ◽  
Vol 9 (3) ◽  
pp. 27
Author(s):  
Iman Mohamed Zahra ◽  
Hosni Mohamed Nasr
Keyword(s):  
New Media ◽  
Freedom Of Expression ◽  
Arab World ◽  
Digital Age ◽  
Freedom Of The Press ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Arab States ◽  
The Right

'The right to know' represents a fundamental and vital human right. Progress and development of nations fully require information freedom and knowledge sharing. Using a qualitative analysis of a sample of information and press laws in most of Arab states, this paper aims at discussing 'the right to know' from different perspectives while highlighting the surrounding aspects and their consequences on the right of freedom of expression in those states. The paper also tends to clarify the effects of new media on the vision and practices of governments regarding 'the right to know' and the freedom of the press in the digital age. Moreover, the paper analyzes the different types of censorship the Arab states use to control the new media. Findings shed light on different aspect of 'the right to know' within the different challenges of the digital age and clarify the strong bondage of this right with the other human rights, especially freedom of expression and freedom of the press.

Enforcement

2016 ◽  
Keyword(s):  
National Security ◽  
Good Practice ◽  
Right To Know ◽  
Public Authorities ◽  
Codes Of Practice ◽  
The Supreme Court ◽  
The Right To Know ◽  
Appeal Process ◽  
The Right ◽  
Court Of Appeal

Chapter 6 deals with the ways in which public authorities may be encouraged and compelled to implement the right to know. A distinction is drawn between the powers of the Information Commissioner to promote good practice in accordance with the codes of practice outside the context of a particular request for information and the enforcement of such a request. Chapter 6 outlines the procedure for appealing to the Commissioner and the First-tier Tribunal and states how an appeal can come before the Upper Tribunal, the Court of Appeal, and the Supreme Court. It identifies the ways in which confidentiality is preserved during the appeal process: the closed material procedure and the national security appeals tribunal. It discusses the limits which the Courts have placed on ministerial vetoes; enforcement by contempt proceedings; and the position of third parties. The First-tier Tribunal Rules provide for their joinder.

scholarly journals Patient Rights to Participate in Treatment Decisions: Choice, Consultation and Knowledge

2019 ◽  
Vol 7 (2) ◽  
pp. 157-177
Author(s):  
Emma Cave ◽  
Nina Reinach
Keyword(s):  
Information Provision ◽  
Supreme Court Decision ◽  
Patient Rights ◽  
European Convention ◽  
Health Board ◽  
Right To Know ◽  
Patient Status ◽  
The Supreme Court ◽  
The Right To Know ◽  
The Right

Article 8 of the European Convention on Human Rights supports the right to participate in decisions that affect our lives. Article 8 was a relevant factor in the Supreme Court decision of Montgomery v Lanarkshire Health Board [2015] which makes significant advances in patient-centred care. Focusing on adult patients with capacity, this article considers Article 8's influence across three routes to participatory protection: the right to choose, the duty to consult, and the right to know. We set out current limitations of the right to choose and consider the potential for Article 8 to influence the extension of a wider duty to consult and right to know. We find that there are impediments to legal development. Patient status leads to the elevation of aspects of participation that do not always comply with patient needs and expectations. We consider a reimagining of our expectations of patient rights to better acknowledge the relevance of partnership between patients and professional experts and to extend information provision beyond informed consent.

scholarly journals Journalism practice and application of the contempt of court principle in the Nigerian judiciary

2020 ◽  
Vol 7 (1-2) ◽  
pp. 470-487
Author(s):  
Oyakemeagbegha Musah
Keyword(s):  
Justice System ◽  
Democratic Governance ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Practical Experiences ◽  
The Right ◽  
The Relationship ◽  
Cardinal Feature

The people’s right to know is a cardinal feature of democratic governance. In the judiciary, the right to know presupposes an open justice system where judges are expected to adjudicate without concealments. As authentic information purveyors in society, the press and the judiciary need collaboration to achieve openness in justice administration and satisfaction of the people’s right to know.Consequently, this paper explores the relationship between Nigerian judges and journalists vis a vis Nigeria’s Chief Judge’s recent directive to the bench to apply “contempt proceedings” in members’ interactions with “wanting” journalists, and the people’s right to know. The paper assessed judges’ professed preconditions for journalists’ presence in court and practical experiences of journalists in Nigerian courts. It identifies a depreciation of values in justice administration behind this morally repulsive relationship between the bench and the press and calls for urgent redress. Keywords: Journalism practice, Prejudice, Contempt of court, Justice administration, Judiciary

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

Sign in / Sign up

Export Citation Format

Share Document