Access to public information as a guarantee of the Principle of Transparency in Public Administration: Arcana Imperii in a Constitutional State of Rights?

Abstract

This article critically analyzes the evolution of the right to access public information, tracing its development from the concept of arcana imperii, where state information was restricted to those in positions of state power, to the presumption of publicity of state information, the cornerstone of democracy, transparency, and the right to participation. Additionally, the article explores the dual dimension of public information access, understood in democratic states both as a constitutional right and as a judicial guarantee. In this analysis, the development of case law by the Constitutional Court of Ecuador (CCE) is highlighted, particularly regarding its characteristics, conceptualizations, and requirements for the right’s applicability.