The Comparative Constitutional Law of Freedom of Expression in Asia.pdf (268.11 kB)
The Comparative Constitutional Law of Freedom of Expression in Asia
chapterposted on 2023-05-22, 18:22 authored by Stone, A, Chowdhury, R, Martin ClarkMartin Clark
Just as Western forms of constitutional law have been adapted to the particular contexts of Asian countries, understandings of freedom of expression too have been shaped by the distinctive political contexts and traditions of Asia. As in the West, the scope and reach of the right varies greatly across Asian nations, on paper as well as in its actual enforcement on the ground. The Chapter will review how the distinctive political and constitutional cultures of four Asian countries – Japan, Singapore, Malaysia and India – affect the articulation of freedom of expression principles by courts in those countries. Rather than attempting an exhaustive analysis of particular categories of freedom of expression protection and limitations in each of these four jurisdictions, our analysis will draw out particular aspects of protections and limitations that help to illustrate the broader constitutional cultures in each of these jurisdictions. Before doing so, we will review the fundamental elements of any constitutional principle of freedom of expression (including its formal manifestation, structural elements and doctrinal forms), noting some particularities evident in Asian countries.
Publication titleComparative Constitutional Law in Asia
EditorsR Dixon and T Ginsburg
ISBN978 1 78100 269 8
Department/SchoolFaculty of Law
Place of publicationMelbourne, Australia
Rights statementCopyright 2014 Rosalind Dixon and Tom Ginsburg This is a draft chapter/article. The final version is available in Comparative Constitutional Law in Asia edited by Rosalind Dixon and Tom Ginsburg, published in 2014, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/9781781002704.00017 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.