RIGHT TO FREEDOM OF EXPRESSION ANALYSIS OF THE ANGLE OF PRACTICE EUROPEAN COURT OF HUMAN RIGHTS
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
European Court affirms the idea that democracy is not about majority rule opinion, but also implies a respect for minorities, tolerance of isolated events or eccentric approach requiring individual-community relationship from a liberal perspective. Meanwhile, the European Court's view, freedom of expression serves a dual goal: that of the fulfilment of each individual, thus representing an aspect of the general principle of individual autonomy in relation to society, at the same time, freedom of expression has a significant function instrumental, providing an extremely useful tool to ensure proper functioning of an open and pluralistic societies, and particularly a representative democracy. As will be seen in the paper, this second explanation seems to weigh heavier, causing it increased protection that the Strasbourg court to release a discussion of issues that are of public interest. Objectives approach refers to the extremely wide range of manifestations of law, including material and technical means used for its exercise, analysis of forms of limitations on freedom of expression, whether measures which restrict freedom of expression, margins of discretion available national authorities to restrict freedom of expression that has a variable extent depending on the message content of the right holder and the value of the state a legitimate claim to justify the need for interference.
Authors and Affiliations
GEORGETA MODIGA
Keywords
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