Democracy through access to legal information for newly democratizing nations: The Kenyan perspective and lessons from the American experience |
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| Institution: | 1. Universiti Malaysia Perlis, 01000 Kangar, Perlis, Malaysia;2. Université de Caen Basse-Normandie, UMR 6072 GREYC, F-14032 Caen, France;3. ENSICAEN, UMR 6072 GREYC, F-14032 Caen, France;4. CNRS, UMR 6072 GREYC, F-14032 Caen, France;5. NISlab, Gjøvik University College, Gjøvik, Norway;1. Charles Darwin University, Australia;2. University of Winchester, United Kingdom;1. Institute of African Studies,Hankuk University of International Studies, 405, Global Leadership Academy, 81 Oedae-ro, Mohyeon-myeon, Cheoin-gu, Yongin-si, 449-791, Republic of Korea;2. Mark Lloyd Center for Creative Convergence Education, Hanyang University, 55 Hanyangdaehak-ro, Ansan, 426-791, Republic of Korea |
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| Abstract: | The rule of law is essential for a country's development process, providing one of the ingredients for stability in newly democratizing countries that eventually promotes strong judicial systems. Likely factors contributing to weaknesses in the judicial systems include the absence of functional legal information systems, especially the availability of judicial decisions, as well as the inability of the populace generally to access legal material and legal information. Taking Kenya as an example and using the US judicial process as a foil, this paper examines the proposition that the availability of judicial decisions in case reporters enhances democracy by increasing judicial transparency and contributing to some predictability in the law, thus enhancing the rule of law. The paper also emphasizes the crucial role that information technology and the Internet could have in advancing access to legal information. |
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