Environmental information regulation

Access to information is a critical component of a modern democracy. Ensuring that individuals, communities, businesses and other organisations have the opportunity to request and receive public documents is essential for effective participation in public life and it helps to make government and governance more efficient, open and transparent. The right to receive and impart information subject to appropriate exceptions is found in the Article 10 right under the European Convention on Human Rights and Fundamental Freedoms 1950: Freedom of Expression.

The right of access to environmental information is a key international norm found for instance, in Principle 10 of the Rio Declaration on Environment and Development 1992 which provides that:

‘Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including

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The Public Law case law quarterly provides details and analysis of notable judgments collated by the Lexis+® UK Public Law team each quarter. Highlights in this edition include analysis of the Supreme Court’s decision in For Women Scotland v Scottish Ministers, which confirmed that ‘sex’ under the Equality Act 2010 (EqA 2010) refers to biological sex. This edition also looks at Supreme Court decisions on the Special Immigration Appeals Commission’s role in national security appeals, anonymity and freedom of expression in the context of litigation involving NHS Trusts, and statutory interpretation and procedure in a case concerning rights of the public under the Dartmoor Commons Act 1985. Also in this edition, the European Court of Human Rights decision in Green v United Kingdom, which examined the margin of appreciation in the context of parliamentary privilege. Court of Appeal decisions highlighted in this edition concern recognition of non-binary gender under the Gender Recognition Act 2004, DOLs orders and Article 5 ECHR, Article 14 ECHR challenges to employment legislation, regulatory compliance in planning decisions, and amendments to the Public Order Act 1986. Further analysis considers legitimate expectation from oral statements, extensions of time in judicial review, recusal applications in cases of possible judicial bias, challenges to the removal of VAT exemptions for private school fees, applications to lift the automatic suspension in public procurement challenges, and the consequences of misusing AI in court proceedings.

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