Author
Listed:
- Andreas Nishikawa-Pacher
- Hanjo Hamann
Abstract
Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) searchable with regard to statutes’ titles, (iii) searchable with regard to the full texts of statutes, (iv) provided in a reusable text-based format and (v) comprehensive in its coverage of at least the laws currently in force. To highlight the nature of OLDs as consumer products, we borrow a term from business operations research and refer to a database fulfilling these basic criteria as a ‘minimum viable’ OLD. We survey 204 states and jurisdictions to assess how far their country-level OLDs adhere to the minimum viability standard. We find that only 48% of them do; 12% of states do not seem to offer any online OLD at all; and a further 40% of countries offer legal databases that lack at least one of the criteria listed above. The quality of legal access is associated with geographical distribution (with Europe faring the best), economic development and a population’s overall Internet usage. The results suggest that comparative legal research faces considerable hurdles when dealing with the Global South; that metadata-enriched digitalisation of legal corpora still remains a desideratum for at least half the world; and that the inaccessibility of law may carry high costs for legal practitioners and the wider public.
Suggested Citation
Andreas Nishikawa-Pacher & Hanjo Hamann, 2023.
"Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World,"
Oxford Journal of Legal Studies, Oxford University Press, vol. 43(2), pages 298-321.
Handle:
RePEc:oup:oxjlsj:v:43:y:2023:i:2:p:298-321.
Download full text from publisher
As the access to this document is restricted, you may want to
for a different version of it.
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:oxjlsj:v:43:y:2023:i:2:p:298-321.. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/ojls .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.