Contested words : legal restrictions on freedom of speech in liberal democracies
著者
書誌事項
Contested words : legal restrictions on freedom of speech in liberal democracies
Ashgate, c2006
- タイトル別名
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Applied legal philosophy
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注記
Includes bibliographical references (p. [215]-227) and index
"Applied legal philosophy"--Jacket and Series editor's preface
内容説明・目次
内容説明
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. 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.
目次
- Contents: Current controversies in freedom of expression
- Rights-based judicial review, Constitutional cultures and expressive freedom
- Political expression: political parties, voters and candidates
- Comparative constitutional issues arising from the regulation of election campaign finance
- Wounding words: the constitutional challenge posed by hate speech in modern liberal democracies
- Sexually explicit expression and the Courts
- Advertising, autonomy and proportionality: constitutional arguments surrounding the regulation of commercial expression
- Conclusion: protecting expression as a constitutional value
- Bibliography
- Index.
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