Next Article in Journal / Special Issue
The Administrative Role of the Chief Justice: Law, Politics, and Procedure in the Roberts Court Era
Previous Article in Journal
Why Insurers Are Wrong about Adverse Selection
Article Menu

Export Article

Open AccessFeature PaperArticle

Assessing Judicial Empowerment

Department of Political Science, Maxwell School of Citizenship and Public Affairs, Syracuse University, Syracuse, NY 13244-1020, USA
Received: 16 February 2018 / Revised: 28 March 2018 / Accepted: 10 April 2018 / Published: 16 April 2018
(This article belongs to the Special Issue Intersection between Law, Politics and Public Policy)
View Full-Text   |   Download PDF [722 KB, uploaded 3 May 2018]   |  

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 courts to free expression claims filed by for-profit businesses and by labor advocates. View Full-Text
Keywords: judicial empowerment; judicialization; free speech; freedom of speech; free expression; freedom of expression; Supreme Court of Canada; European Court of Human Rights judicial empowerment; judicialization; free speech; freedom of speech; free expression; freedom of expression; Supreme Court of Canada; European Court of Human Rights
Figures

Figure 1

This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
SciFeed

Share & Cite This Article

MDPI and ACS Style

Keck, T.M. Assessing Judicial Empowerment. Laws 2018, 7, 14.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top