Criminalising Dissent

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Criminalising Dissent

Lese-majeste and the Path to Autocracy

Public international law: human rights Constitution Criminal law: offences against the government

Author: Aytekin Kaan Kurtul

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Language: English

Published by: Routledge

Published on: 31st March 2025

Format: LCP-protected ePub

ISBN: 9781040336625


Introduction

This book addresses one of the oldest political offences in the European continent, lese-majeste, in light of its historical evolution and the threat it poses to a democratic public sphere in modern-day Europe.

The Case of Turkey

The Republic of Turkey, which serves as the focal point of this book, epitomises the "chilling" (ab)use of lese-majeste laws due to the sheer number of criminal investigations on the basis of lese-majeste as well as the relatively low threshold for permissible criticism in defamation cases concerning the head of state.

Comparative Analysis

In this regard, through a comparative analysis encompassing multiple European jurisdictions and international human rights law, this work illustrates that the excesses in Turkey should not be treated as an alien practice, but rather as a caution for liberal political systems in Europe in view of the Western European origins of Turkish lese-majeste and the erosion of the rule of law.

Call for Abolition

Thus, the volume stands as both a warning and a call for the abolition of lese-majeste laws as a democratic necessity beyond their inherent contradiction with state obligations stemming from international human rights law.

Intended Audience

As a comprehensive work on European lese-majeste, this book will function as a point of reference for legal scholars and practitioners alike, as it offers a historical and theoretical background in addition to its rich commentary on how lese-majeste cases are assessed by domestic criminal courts and international human rights bodies.

The book will also be of use to political scientists and journalists who wish to learn more about how heads of state can effectively become immune to criticism through the use of criminal law, and what can be done when faced with a lese-majeste charge for doing one's job.

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