Author(s)/Creator(s)

Document Type

Article

Date

2-2-2018

Keywords

judicial empowerment; judicialization; free speech; freedom of speech; free expression; freedom of expression; Supreme Court of Canada; European Court of Human Rights

Disciplines

Political Science

Description/Abstract

Drawing on an ongoing international data collection effort, this paper examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a universally recognized fundamental right, and it is a right that is regularly invoked in court by a rich diversity of political actors. As such, free speech law provides an illuminating window onto how constitutional courts respond to similar claims from differently situated claimants. This paper compares the response by two influential constitutional courts to free expression claims filed by for-profit businesses and by labor advocates.

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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