This book discusses the common ground between the protection of freedom of expression in English law and under the ECHR against the background of the incorporation of the ECHR into English law in the Human Rights Act 1998. The protection of freedom of expression in English law, under influence of the Human Rights Act, will have to be based on such a common ground.
Three aspects that determine the protection of freedom of expression can be distinguished: the approach to the notion of the right to freedom of expression, the methods of protection applied by the courts and the consideration and appreciation of facts and circumstances. These aspects are examined and analysed through the case law of the European Court of Human Rights and the case law of the English courts, in order to determine the extent of common ground with regard to them.
The conclusion is that the scope of common ground is considerable. Nevertheless, the English system of protection will need to undergo further changes in order to realise the aim of the Human Rights Act, which is to prevent citizens from having to take their case to Strasbourg to see their rights protected.
There are no separate chapters available for this publication.
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.
Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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