The Right of Access to Information: The State of the Art and the Emerging Theory of Change

Abstract

The number of access to information (ATI) laws has grown exponentially over the past 10-15 years, knowledge about the practice of ATI, especially in newer democracies and developing countries, has increased. From this new body of knowledge, fresh perspectives are emerging about both theory and praxis. International case law has secured the moorings of the argument that ATI is a fundamental human right. To illustrate paradigmatic shift in conceptual understanding of ATI, this chapter draws from the experience of both South Africa and India. Concerns about the political commitment to ATI remain - accompanied by persistent 'downward' pressures on transparency - and so, along with anxieties about the precise, measurable impact of ATI, encourage a sense of urgency: that scholarly thinking and research should catch up with the new fields of practice and experience around the world, including Africa, which is making its own distinctive contribution to the state of the art. Keywords:access to information (ATI) laws; emerging theory; human right; India; South Africa