A New Home for Commonwealth Law: A Proposal for CommonLII
- Publisher:
- Warwick University
- Publication Type:
- Journal Article
- Citation:
- Greenleaf Graham, Mowbray Andrew, and Chung Philip 2004, 'A New Home for Commonwealth Law: A Proposal for CommonLII', Warwick University, vol. 2004, no. 2, pp. 1-27.
- Issue Date:
- 2004
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Eminent jurists have called for the development of a genuinely international common law
which is more of a ‘two way street’ than in the past. This paper examines the contribution
that access to law via the Internet can make to realizing that goal.
The World Legal Information Institute (WorldLII) is the largest free access source of legal
information available on the Internet, providing access to over 400 databases of case law,
legislation, treaties, law reform and law journals. This paper describes WorldLII's origins
and operation as a cooperative venture of Legal Information Institutes (LIIs) from many
countries, and outlines the advantages of the system.
We argue that a key element of the philosophy of free access to law is that it is not
sufficient for governments and Courts to publish essential legal information for free access
only on their own web sites. Provision to other publishers (both LIIs and commercial
publishers) is also necessary for sound public policy, and is more important than official
self-publication. Such policies will facilitate both free access to law within a country, and
the development of an international common law.
We survey the current state of free Internet access to legal materials in Commonwealth
countries, and show that significant quantities of legal information are available for free
access online only from a minority of Commonwealth countries. We show that the bulk of
this information is already provided by WorldLII and its cooperating LIIs. Because the core
content of WorldLII is drawn from Commonwealth countries and other common law
jurisdictions, WorldLII is already providing the first steps toward a new online 'home' for
Commonwealth law.
A central independent access point for more comprehensive online provision of
Commonwealth law would be a significant step toward the creation of a genuinely
international common law. French-speaking countries have already taken this step with the
development of Droit Francophone, a LII for the francophone world. We conclude with a
proposal to develop, at modest cost, a comprehensive English language portal for the law of
Commonwealth countries, which we dub ‘CommonLII’. As an interim step toward
CommonLII, we invite governments and Courts in Commonwealth countries to publish
their legislation, case law, treaties, and law reform reports on an appropriate regional LII
(where available), or on WorldLII.
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