A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2014 ◽  
pp. 125-150
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

scholarly journals Freedom of Information and Citizens’ Perception in Albania

2018 ◽  
Vol 4 (2) ◽  
pp. 212-219
Author(s):  
Ardita Shehaj
Keyword(s):  
Good Governance ◽  
Public Awareness ◽  
Public Information ◽  
Legal Framework ◽  
Freedom Of Information ◽  
Citizen Education ◽  
Information Law ◽  
Constitutional Right ◽  
Right To Information ◽  
The Right

Abstract Transparency and the right to information are among the most important components of good governance, strong and stable democracy, citizen’s participation and the fight against corruption. The right to information is a constitutional right that is guaranteed not only by freedom of information law but also from the Albanian constitution. This legal framework is ranked 6th in the world and guarantees not only citizens right to access public information but also obliges institutions to proactively disclose information. Beside the fact that the Albanian legal framework is a very good one, it is very important to know citizens perception regarding the necessity of this right. For this reason, a survey was conducted and the data show that citizen education and their contact with the law are not enough for the proper implementation of this law. Public awareness is needed not only to explain how to exercise the right to access information but especially to explain the importance of this law in the fight against corruption.

scholarly journals A REGULAÇÃO DA VIOLÊNCIA MEDIÁTICA EM PORTUGAL

2018 ◽  
Vol 4 (2) ◽  
pp. 144
Author(s):  
Rute Saraiva
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Media Violence ◽  
Fundamental Rights ◽  
Precautionary Approach ◽  
Palabras Clave ◽  
The Media ◽  
Right To Information ◽  
The Right ◽  
Medios De Comunicacion

A regulação dos meios de comunicação social baseia-se em três pilares: liberdade de expressão, direito à informação e necessidade de limites para acautelar o respeito dos direitos fundamentais. Em caso de conteúdos violentos que coloquem em perigo a dignidade humana e o correto desenvolvimento da personalidade dos jovens, o enquadramento jurídico português apresenta soluções de hétero-, co- e autorregulação que aceitam uma abordagem precaucionaria para proibir programas agressivos.   PALAVRAS-CHAVE: Media; Violência; Heterorregulação; Co-regulação; Autorregulação. ABSTRACT Regulation of media is based in three pillars: freedom of speech, the right to information and the need of boundaries to assure the respect for fundamental rights. In the matter of refraining violent contents in the media which might endanger human dignity and the correct development of youngsters’ personality, the Portuguese legal framework presents solutions from hetero-, co- and self-regulation that accept a precautionary approach to ban aggressive programs.      KEYWORDS: Media; Violence; Hetero-regulation; Co-regulation: Self-regulation.     RESUMEN La regulación de los medios de comunicación se basa en tres pilares: la libertad de expresión, el derecho a la información y la necesidad de límites para asegurar el respeto de los derechos fundamentales. En el caso de los contenidos violentos que ponen en peligro la dignidad humana y el correcto desarrollo de la personalidad de los jóvenes, el marco jurídico portugués presenta soluciones de hétero-, co- y autorregulación que aceptan un enfoque precautorio para prohibir programas agresivos.   PALABRAS CLAVE: Media; Violencia; Hetero-rregulación; Corregulación; Autorregulación.

Fragen über Fragen – zum Rechtsrahmen der Interpellation und der exekutiven Antwortpflicht

2020 ◽  
Vol 51 (4) ◽  
pp. 888-908
Author(s):  
Jens Peter Singer
Keyword(s):  
Good Practice ◽  
Legal Framework ◽  
Constitutional Court ◽  
Legislative Period ◽  
Parliamentary System ◽  
Federal Constitutional ◽  
The Media ◽  
The Government ◽  
Right To Information ◽  
The Right

The legal framework of the parliamentary right of interpellation and the executive’s obligation to respond to these questions has traditionally been a field of contention between the government and the opposition . The Federal Constitutional Court has recently issued several decisions that have again concretized and expanded this framework . The number of parliamentary questions, which has been high for decades, has once more reached a new dimension in the current Bundestag’s legislative period and has led to demands for a legal limitation . Its feasibility is constitutionally controversial . The right to information under press law competes with the parliamentary right to ask questions and the executive’s obligation to respond . There is no legal claim of the questioner to be the first to use the answer in the media . However, it is good practice within a parliamentary system for the government not to thwart this practice .

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal
Keyword(s):  
Information Disclosure ◽  
Social Economic ◽  
Government Information ◽  
The Public ◽  
Government Services ◽  
Implementation Approach ◽  
The Social ◽  
Access Information ◽  
Right To Information ◽  
The Right

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.

Legal protection in psychiatry. The jurisprudence of the organs of the European convention of human rights

1998 ◽  
Vol 13 (S3) ◽  
pp. 101s-106s ◽  
Author(s):  
AM Dougin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Psychiatric Hospitals ◽  
Case Law ◽  
European Convention ◽  
Right To Information ◽  
The Right

SummaryThe European Convention of Human Rights recognises a certain number of rights and freedoms for persons within States' jurisdiction. For those confined in psychiatric hospitals, this legal protection concerns first of all the lawfulness of deprivation of liberty, which must conform to the conditions laid down by the Convention as interpreted by the case-law of the Convention organs (the Commission and Court of Human Rights). The Convention also guarantees to person deprived of their liberty further rights: the right to information, the right to appear before a court, the right to compensation and also the right to the respect of privacy and correspondence.

The Reform of French Contract Law: An Analysis of its Application to Corporate Acquisitions

2017 ◽  
Vol 13 (4) ◽  
Author(s):  
François Barrière ◽  
Pascal Bine ◽  
Olivier Diaz
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Contract Law ◽  
Business Growth ◽  
Corporate Acquisitions ◽  
Legal Reforms ◽  
The Law ◽  
The Right ◽  
Duty To Inform ◽  
Incomplete Performance

AbstractMore than ten years after the French President at the time first announced it – during the bicentenary celebration of the Napoleonic Code, the reform of the law of contracts has taken shape. The reform’s objectives are to make the law more accessible while increasing legal certainty; objectives often put forward during successive legal reforms without necessarily being met. Its purpose is also to increase the efficiency of French contract law, which will encourage business growth, and is evident, for instance, by the fact that unilateral will is being dealt with several times in the reform. In addition, contractual freedom, captured within the preliminary provisions, sets the tone for a more flexible legal framework. Although the reform codifies several solutions derived from case-law, it also introduces noteworthy innovations such as, in particular, a duty to inform, a legal framework for unforeseeable situations, means of action against unfair clauses in adhesion contracts, or even the ability to reduce the price in the event of incomplete performance of the contract. This reform recognizes contractual freedom, which can – in any event – only be a step in the right direction! This article analyses the modification to French contract law made by Ordinance N° 2016–131 and their impact on corporate acquisitions.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Constitutionalizing Access

2021 ◽  
Vol 3 (1) ◽  
pp. 1-17
Author(s):  
Jessica Terkovich ◽  
Aryeh Frank
Keyword(s):  
Case Law ◽  
State Constitutions ◽  
The Supreme Court ◽  
Explicit Recognition ◽  
Constitutional Right ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
Right Of Access ◽  
The U.S

State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meetings and records in their constitutions. In this paper, the authors examine case law applying the constitutional right of access, concluding that the right is somewhat underutilized and rarely seems to produce an outcome clearly different from what a litigant could expect relying on state statutory rights alone. 

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