A Critical Analysis of the Disjuncture between the Constitutional and Legislative Limits on the Righ...

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" A Critical Analysis of the Disjuncture between the Constitutional and Legislative Limits on the Right to Access to Information in Uganda "
Jean-Claude N. Ashukem

Document Type	:	AL
Record Number	:	1064417
Doc. No	:	LA108046
Call No	:	‭10.1163/17087384-12340022‬
Language of Document	:	English
Main Entry	:	Jean-Claude N. Ashukem
Title & Author	:	A Critical Analysis of the Disjuncture between the Constitutional and Legislative Limits on the Right to Access to Information in Uganda [Article]\ Jean-Claude N. Ashukem
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	African Journal of Legal Studies
Date	:	2017
Volume/ Issue Number	:	10/2-3
Page No	:	205–225
Abstract	:	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.
Descriptor	:	access to information
Descriptor	:	Constitution of Uganda
Descriptor	:	governance
Descriptor	:	limitation of rights
Descriptor	:	transparency and accountability
Location & Call number	:	‭10.1163/17087384-12340022‬