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Positive Free Speech: Rationales, Methods and Implications

Editat de Professor Andrew T Kenyon, Dr Andrew Scott
en Limba Engleză Hardback – 27 mai 2020
Freedom of expression is generally analysed as a bare liberty that should not be constrained by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of Northern European jurisdictions evince enhanced legal recognition for the principle.The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers, sociologists, and political scientists.
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Specificații

ISBN-13: 9781509908295
ISBN-10: 1509908293
Pagini: 216
Dimensiuni: 169 x 244 x 21 mm
Greutate: 0.54 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Draws on theoretical and doctrinal research in law and political science to offer an interdisciplinary and broad analysis of the concept of positive free speech, and its realisation through government action.

Notă biografică

Andrew Kenyon is Professor of Law and a Director of the Centre for Media and Communications Law in the Melbourne Law School. Andrew Scott is an Associate Professor in the Department of Law at the London School of Economics and Political Science.


Cuprins

1. Complicating Freedom: Investigating Positive Free Speech Andrew T Kenyon2. Providing a Platform for Speech: Possible Duties and Responsibilities Thomas Gibbons3. Positive Protection for Speech and Substantive Political Equality Jacob Rowbottom4. The Access to Information Dimension of Positive Free SpeechAndrew Scott and Abbey Burke5. Promoting Civic Discourse: A Form of Positive Free Speech under the Constitution of Ireland? Eoin Carolan6. The State of Affairs of Freedom: Implications of German Broadcasting Freedom Andrew T Kenyon7. The Collective Speech Rights of Minorities Sally Broughton Micova8. The Positive Right to Freedom of Expression and Party Anonymity in Legal Proceedings Merris Amos9. Positive Free Speech and Public Access to Courts Judith Townend10. Hiding the Truth in the Shadow of the Law? Addressing the Misuse of Confidentiality Clauses in Public Authority Contracts Andrew Scott11. Speaking and Governing through Freedom of Access to Environmental Information Mélanie Dulong de Rosnay and Laura Maxim

Descriere

Freedom of expression is generally analysed as a bare liberty that should not be constrained by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of Northern European jurisdictions evince enhanced legal recognition for the principle.The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers, sociologists, and political scientists.