The Constitutional Right to Information

48 Pages Posted: 11 Nov 2010 Last revised: 6 Jul 2011

See all articles by Roy Peled

Roy Peled

Tel-Aviv University; Movement for Freedom of Information in Israel

Yoram Rabin

College of Management (Israel) - School of Law

Date Written: November 10, 2010

Abstract

Freedom of Information Laws have swept the democratic world in the past twenty years, yet the normative level of these laws and the balance between the public's Right to Know and other legal or constitutional rights vary from one country to the other. In this article, the authors review the justifications underlying the global recognition of the right to access information, and go on to argue that these same justifications support constitutional, rather than mere legal, recognition of the right. Such status has been granted to this right in several countries through explicit inclusion in the constitution, and in several others through constitutional courts' interpretation of it. But in the United States and many other countries this is yet to be done. Towards the end of the article, authors suggest a model for constitutional articles defining a constitutional right to Freedom of Information.

Keywords: Freedom of information, Right to Know, Comparative Law, International Law, Constitutional Law

Suggested Citation

Peled, Roy and Rabin, Yoram, The Constitutional Right to Information (November 10, 2010). Columbia Human Rights Law Review, Vol. 42, No. 2, 2011, Available at SSRN: https://ssrn.com/abstract=1706606

Roy Peled (Contact Author)

Tel-Aviv University ( email )

Ramat Aviv
Tel-Aviv, 6997801
Israel

Movement for Freedom of Information in Israel ( email )

Yoram Rabin

College of Management (Israel) - School of Law ( email )

7 Yitzhak Rabin Blvd.
P.O. Box 25072
Rishon LeZion, 75190
Israel

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