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Table of Contents
Intro; Foreword; Preface; Contents; List of Authors; List of Abbreviations; Chapter 1: Essentials of the Right of Access to Public Information: An Introduction; 1 History of Codification of the Right of Access to Information; 2 The Development of the Right of Access to Information in Constitutional and Ordinary Legislation of the Nation State; 2.1 Reasons for the Development of National Laws on Access to Information; 2.2 The Catalytic Role of the Internet for the Development of the Right of Access to Information; 2.3 Objectives of the Right of Access to Information
3 The Interpretative Role of the Regional Human Rights Commissions and of the Human Rights Courts4 The Principles of Democracy, Rule of Law and the Welfare State as the Legal Framework for the Right of Access to Information; 4.1 The Principle of Democracy as a Driving Objective; 4.1.1 Modification of the Principle of Democracy; 4.1.2 The Institutionally Comprehensive Approach to the Right of Access to Information; 4.1.2.1 The Case-Law of the German Federal Constitutional Court on Parliamentary Requests for Information
4.1.2.2 Can Members of Parliament in Their Official Capacity Claim a Right of Access to Information?4.1.2.3 Exercising the Right of Access to Information Against all Three Branches of Government; 4.1.3 A Culture of Transparency with No Alternative?; 4.2 The Right of Access to Information as a Vehicle for the Rule of Law; 4.2.1 Distinguishing Procedural Rights to Information from the Right of Access to Information; 4.2.2 Modifications of the Constitutional System; 4.3 Do Constitutional Guarantees of Social Welfare Encourage Freedom of Information?
5 Limitations of the Right of Access to Information in Bipolar and Tripolar Legal Relationships5.1 Laws Protecting State Secrecy; 5.2 Laws Protecting Other Public Interests in Non-Disclosure; 5.3 The Protection of Private Interests as a Legal Objective of the Twenty-First Century; 5.4 Balancing the Competing Interests as a Task of the Legislators; 6 The Specific Manifestations of the Right of Access to Information in National Administrative Law and Case-Law; 6.1 The Normative Form of the Scope of Protection and its Limits; 6.2 The Patterns of Legislation on the Right of Access to Information
6.2.1 The Scope of the Right to Access6.2.2 Case-by-Case Weighing of Interests as an Administrative Task; 6.3 Some Guidelines of the Procedure Ensuring Access to Information; 6.4 The Competent Authorities to Implement the Right of Access to Information; 6.5 Procedural Requirements of Administrative Law; 6.6 Substantial Requirements Regarding the Judicial Protection; 7 Exercise of the Right and Sanctions for its Violation; 7.1 Exercise; 7.2 Sanctions; 8 Efficiency of the Right of Access to Information; References; List of Cases; Canadian Supreme Court; European Court of Human Rights
3 The Interpretative Role of the Regional Human Rights Commissions and of the Human Rights Courts4 The Principles of Democracy, Rule of Law and the Welfare State as the Legal Framework for the Right of Access to Information; 4.1 The Principle of Democracy as a Driving Objective; 4.1.1 Modification of the Principle of Democracy; 4.1.2 The Institutionally Comprehensive Approach to the Right of Access to Information; 4.1.2.1 The Case-Law of the German Federal Constitutional Court on Parliamentary Requests for Information
4.1.2.2 Can Members of Parliament in Their Official Capacity Claim a Right of Access to Information?4.1.2.3 Exercising the Right of Access to Information Against all Three Branches of Government; 4.1.3 A Culture of Transparency with No Alternative?; 4.2 The Right of Access to Information as a Vehicle for the Rule of Law; 4.2.1 Distinguishing Procedural Rights to Information from the Right of Access to Information; 4.2.2 Modifications of the Constitutional System; 4.3 Do Constitutional Guarantees of Social Welfare Encourage Freedom of Information?
5 Limitations of the Right of Access to Information in Bipolar and Tripolar Legal Relationships5.1 Laws Protecting State Secrecy; 5.2 Laws Protecting Other Public Interests in Non-Disclosure; 5.3 The Protection of Private Interests as a Legal Objective of the Twenty-First Century; 5.4 Balancing the Competing Interests as a Task of the Legislators; 6 The Specific Manifestations of the Right of Access to Information in National Administrative Law and Case-Law; 6.1 The Normative Form of the Scope of Protection and its Limits; 6.2 The Patterns of Legislation on the Right of Access to Information
6.2.1 The Scope of the Right to Access6.2.2 Case-by-Case Weighing of Interests as an Administrative Task; 6.3 Some Guidelines of the Procedure Ensuring Access to Information; 6.4 The Competent Authorities to Implement the Right of Access to Information; 6.5 Procedural Requirements of Administrative Law; 6.6 Substantial Requirements Regarding the Judicial Protection; 7 Exercise of the Right and Sanctions for its Violation; 7.1 Exercise; 7.2 Sanctions; 8 Efficiency of the Right of Access to Information; References; List of Cases; Canadian Supreme Court; European Court of Human Rights