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Legal Restrictions on Freedom of Speech in Liberal Democracies

Political science and theory Methods, theory and philosophy of law Public international law: human rights

Author: Ian Cram

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Collection: Applied Legal Philosophy

Language: English

Published by: Routledge

Published on: 13th May 2016

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781317160298


Introduction

In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment.

Overview of the Book

This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression.

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