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Part VII Rights, Ch.42 Freedom of Expression

Eric Barendt

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

Constitutional courts have frequently emphasized that freedom of expression is essential in a liberal democracy. In one of its earliest rulings on the guarantee of the freedom in the post-war German Basic Law, the Constitutional Court in Karlsruhe said:1 To a free democratic constitutional order [freedom of expression] is absolutely basic, for it alone makes possible the continuing intellectual controversy, the contest of opinions that forms the lifeblood of such an order … [i]t is the basis of all freedom whatever, ‘the matrix, the indispensable condition of...
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