Challenges and Opportunities in Implementing Access to Information Laws
Posted: 9 September, 2024 Filed under: Chioma Henrietta Okoli | Tags: Access to Information Laws, accountability, Bureaucratic resistance, Challenges and Opportunities in Implementing Access to Information, civic engagement, cultural challenges, Culture of secrecy, democratic principles, FOI, freedom of information, fundamental right, good governance, Institutional Challenges, Lack of resources, open governance, Reluctance to share information, right to information, RTI, sensitive information, transparency Leave a comment
Author: Chioma Henrietta Okoli
Senior Legal Officer, National Human Rights Commission, Nigeria
Introduction:
Access to information, often known as Freedom of Information (FOI) or Right to Information (RTI) is a fundamental right that enables individuals to seek, receive, and impart information freely.[1] It is a fundamental cornerstone of transparent governance, democratic principles, and citizen empowerment. It enables individuals to participate in the decision-making processes of their governments, fosters accountability, and strengthens the foundations of democratic societies.[2] To this end, countries worldwide have enacted access to information laws with the aim of ensuring public access to government and privately held information.[3] However, despite the noble intentions of these laws, their effective implementation remains a multifaceted challenge, impeding the realisation of a truly open and accountable society.
Constitutional jurisdiction and the right to happiness
Posted: 1 April, 2016 Filed under: Saul Leal | Tags: Centre on Housing Rights and Eviction, Community Law Centre, constitution, Constitutional Court, Council of Censors, Delft, fundamental right, Greatest Happiness principle, Hans Kelsen, happiness, individualism, Joshua Greene, judiciary, Langa, law, normative acts, right to dignity, right to happiness, utilitarian doctrine 7 Comments
Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Should it be a role of the Judiciary to assure happiness for the people? Is it appropriate for a Constitutional Court to consider happiness to be a right? Does the establishment of fundamental rights expand the collective happiness? To answer these questions, it is essential to examine the root of Constitutional jurisdiction.
Karl Loewenstein questioned whether the Constitution would be “instrumental for the pursuit of happiness of the people”,[1] based on his intrigue into the purpose and meaning of a Constitution. He is accompanied by Hans Kelsen, for whom “the longing for justice is man’s eternal longing for happiness”.[2]
The answer to the aforementioned questions lies within the examination of the Constitution of the State of Pennsylvania, in the United States, in 1776, in order to address the power given to the courts to assess the constitutionality of the laws and of normative acts.
AfricLaw 