Government by the people presupposes that citizens are fully aware of public matters and properly informed. Nowadays, this is well understood and increasingly accepted. However, there is still disagreement as to how citizens are to check their government and what the limits of such control should be. In my view, it is essential that this scrutiny is generally available to all citizens and that it is provided in binding legal terms, the application of which is subject to legal appeal. However, a less stringent standard of scrutiny is often provided. Indeed, confusion between concepts is patent in this field and overshadows what is really at issue—the recognition of a fundamental right for citizens, which forms a basis for the exercise of several other rights. The right of citizens to review the exercise of public power is ultimately the foundation of both the principle of democracy and popular sovereignty.
