Freedom Of Expression Of Judges
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Freedom Of Expression And The Criticism Of Judges
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Author : Michael K. Addo
language : en
Publisher: Dartmouth Publishing Company
Release Date : 2000
Freedom Of Expression And The Criticism Of Judges written by Michael K. Addo and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
In a collection of essays from selected European jurisdictions, this book assesses the legal situation of the offences associated with the criticism of judges. It undertakes a comparative study of the management of the conflicting demands between freedom of expression and the independence of judiciary within a European context.
Freedom Of Expression Of Judges
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Author : Federica Casarosa
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-18
Freedom Of Expression Of Judges written by Federica Casarosa and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-18 with Law categories.
This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law.
The Rule Of Law In Europe
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Author : María Elósegui
language : en
Publisher:
Release Date : 2021
The Rule Of Law In Europe written by María Elósegui and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights
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Author : Bychawska-Siniarska, Dominika
language : en
Publisher: Council of Europe
Release Date : 2017-08-04
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights written by Bychawska-Siniarska, Dominika and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
The International Covenant On Civil And Political Rights
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Author : Sarah Joseph
language : en
Publisher: OUP Oxford
Release Date : 2013-07-25
The International Covenant On Civil And Political Rights written by Sarah Joseph and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-25 with Law categories.
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Judges On Trial
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Author : Shimon Shetreet
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-24
Judges On Trial written by Shimon Shetreet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Law categories.
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
The Constitutional Protection Of Freedom Of Expression
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Author : Richard Moon
language : en
Publisher: University of Toronto Press
Release Date : 2000-01-01
The Constitutional Protection Of Freedom Of Expression written by Richard Moon and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Law categories.
Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Hate Speech In Japan
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Author : Shinji Higaki
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-28
Hate Speech In Japan written by Shinji Higaki and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.
Dilemmas Of Free Expression
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Author : Emmett MacFarlane
language : en
Publisher:
Release Date : 2021-11-15
Dilemmas Of Free Expression written by Emmett MacFarlane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with categories.
In the face of contemporary controversies, Dilemmas of Free Expression presents nuanced and trenchant analyses on recent controversies, judicial decisions, and policies implicating free expression.