عنوان

A Critical Analysis of the Disjuncture between the Constitutional and Legislative Limits on the Right to Access to Information in Uganda

Number

LA108046

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

A Critical Analysis of the Disjuncture between the Constitutional and Legislative Limits on the Right to Access to Information in Uganda

General Material Designation

[Article]

First Statement of Responsibility

Jean-Claude N. Ashukem

Place of Publication, Distribution, etc.

Leiden

Name of Publisher, Distributor, etc.

Brill | Nijhoff

Text of Note

This article critically analyses the disjuncture between the constitutional and legislative limits to the right to access to information in Uganda in order to determine its legal implication on the effectiveness of the exercise of the right to access to information in the country. It also demonstrates the role of Ugandan courts in interpreting the limitation of the right. In so doing, the article critically reviews Ugandan jurisprudence decided after the enactment of the access to information legislation in 2005, to evince how and the extent to which Ugandan courts have been able to grapple with the interpretation and the enforcement of the limitation of the right. Given these limitative differences, the article concludes that it is in the best interest of the Ugandan legislature to harmonise these differential limitations in order to permit ordinary citizen to effectively exercise their right, without which the exercise of the right will be a myth. It could also enable the courts to effectively interpret and enforce the limitation of the right when the context prevails. This article critically analyses the disjuncture between the constitutional and legislative limits to the right to access to information in Uganda in order to determine its legal implication on the effectiveness of the exercise of the right to access to information in the country. It also demonstrates the role of Ugandan courts in interpreting the limitation of the right. In so doing, the article critically reviews Ugandan jurisprudence decided after the enactment of the access to information legislation in 2005, to evince how and the extent to which Ugandan courts have been able to grapple with the interpretation and the enforcement of the limitation of the right. Given these limitative differences, the article concludes that it is in the best interest of the Ugandan legislature to harmonise these differential limitations in order to permit ordinary citizen to effectively exercise their right, without which the exercise of the right will be a myth. It could also enable the courts to effectively interpret and enforce the limitation of the right when the context prevails.

Date of Publication

2017

Physical description

205-225

Title

African Journal of Legal Studies

Volume Number

10/2-3

International Standard Serial Number

1708-7384

Subject Term

access to information

Subject Term

Constitution of Uganda

Subject Term

governance

Subject Term

limitation of rights

Subject Term

transparency and accountability

Jean-Claude N. Ashukem

Call Number

10.1163/17087384-12340022

Electronic name

p

[Article]

275578

a

Y