Offend Shock Or Disturb

Author : Gautam Bhatia
Publisher : Oxford University Press
Page : 365 pages
File Size : 43,7 Mb
Release : 2016-01-14
Category : Law
ISBN : 9780199089529

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Offend, Shock, or Disturb by Gautam Bhatia Pdf

Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 50,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author : Gautam Bhatia
Publisher : Harper Collins
Page : 544 pages
File Size : 50,6 Mb
Release : 2019-02-28
Category : Law
ISBN : 9789353026851

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The Transformative Constitution by Gautam Bhatia Pdf

| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Author : Agnes Callamard,Lee Bollinger
Publisher : Unknown
Page : 352 pages
File Size : 40,6 Mb
Release : 2021
Category : Freedom of expression
ISBN : 0231196989

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Regardless of Frontiers by Agnes Callamard,Lee Bollinger Pdf

This volume brings together leading experts from a variety of fields to critically evaluate the extent to which global norms on freedom of expression and information have been established and which actors and institutions have contributed to their diffusion.

Author : Soren Hansen,Jesper Jensen
Publisher : Unknown
Page : 16 pages
File Size : 47,7 Mb
Release : 1973
Category : Students
ISBN : 0959805605

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The Little Red School Book by Soren Hansen,Jesper Jensen Pdf

Author : Lorenzo Zucca,Camil Ungureanu
Publisher : Cambridge University Press
Page : 351 pages
File Size : 44,9 Mb
Release : 2012-01-19
Category : Law
ISBN : 9780521198103

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Law, State and Religion in the New Europe by Lorenzo Zucca,Camil Ungureanu Pdf

The return of religion to the public sphere raises various dilemmas. Rights and values, pluralism and identity, justice and efficacy, autonomy and tradition, and integration and toleration cannot always be balanced without the loss of something valuable. This volume of essays tackles such dilemmas from two perspectives. To begin, major contemporary theorists rethink the place of religion in the public sphere from republican, liberal and critical-theoretical viewpoints. Contributors then bring together theory and practice to better conceptualize and assess the latest developments in European jurisprudence with respect to religion.

Author : ABHINAV. CHANDRACHUD
Publisher : Penguin Enterprise
Page : 384 pages
File Size : 55,7 Mb
Release : 2022-04-15
Category : Electronic
ISBN : 0143455648

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Republic of Rhetoric by ABHINAV. CHANDRACHUD Pdf

Exploring the legal and political history of India, from the British period to the present, Republic of Rhetoric examines the right to free speech and it argues that the enactment of the Constitution in 1950 did not make a significant difference to the freedom of expression in India. Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been substantially advanced before by any of the leading thinkers on the right of free speech in India.

Author : Anne Weber
Publisher : Council of Europe
Page : 96 pages
File Size : 51,7 Mb
Release : 2014-01-01
Category : Political Science
ISBN : 9789287178770

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Manual on hate speech by Anne Weber Pdf

The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.

Author : Sebastian Brett,Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 210 pages
File Size : 55,9 Mb
Release : 1998
Category : Political Science
ISBN : 1564321924

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Limits of Tolerance by Sebastian Brett,Human Rights Watch (Organization) Pdf

History and Legal Norms

Author : Dirk Ehlers,Ulrich Becker,Et al.
Publisher : Walter de Gruyter
Page : 645 pages
File Size : 42,8 Mb
Release : 2011-12-07
Category : Law
ISBN : 9783110971965

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European Fundamental Rights and Freedoms by Dirk Ehlers,Ulrich Becker,Et al. Pdf

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.

Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 318 pages
File Size : 41,9 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9287166781

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Blasphemy, Insult and Hatred by European Commission for Democracy through Law Pdf

Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.

Author : Anushka Singh
Publisher : Oxford University Press
Page : 406 pages
File Size : 52,5 Mb
Release : 2018-02-16
Category : Political Science
ISBN : 9780199091829

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Sedition in Liberal Democracies by Anushka Singh Pdf

Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.

Author : Roumeen Islam
Publisher : World Bank Publications
Page : 344 pages
File Size : 48,5 Mb
Release : 2002
Category : Language Arts & Disciplines
ISBN : 0821352032

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The Right to Tell by Roumeen Islam Pdf

This book explores the role of the news media in promoting equitable economic development, and considers the obstacles it faces as a catalyst for change and growth. It examines the capacity of investigative journalism to scrutinise public policy and the activities of the corporate sector, to facilitate public access to information, expose corruption and weak governance and thus promote greater transparency and accountable government. It contains contributions from journalists, television and newspaper editors, economists and academics, as well as the winner of the Nobel Prize for Economics Joseph Stiglitz, and for Literature, Gabriel Garcia Marquez. A number of case studies examine the work of the media and the challenges they face in various countries including Thailand, Bangladesh, Egypt, Zimbabwe and the former Soviet Union.

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 45,5 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Gautam Bhatia
Publisher : Harper Collins
Page : 400 pages
File Size : 48,9 Mb
Release : 2020-08-13
Category : Fiction
ISBN : 9789353578367

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The Wall by Gautam Bhatia Pdf

'Imagine a horizon.' 'I can't.' Mithila's world is bound by a Wall enclosing the city of Sumer -- nobody goes out, nothing comes in. The days pass as they have for two thousand years: just enough to eat for just enough people, living by the rules. Within the city, everyone knows their place. But when Mithila tries to cross the Wall, every power in Sumer comes together to stop her. To break the rules is to risk all of civilization collapsing. But to follow them is to never know: who built the Wall? Why? And what would the world look like if it didn't exist? As Mithila and her friends search for the truth, they must risk losing their families, the ones they love, and even their lives. Is a world they can't imagine worth the only world they have? For fans of Isaac Asimov's Nightfall and Ursula Le Guin's The Dispossessed comes an astonishingly powerful voice in speculative fiction that explores what it means to truly be free.