Freedom of Expression in England and Under the EHCR: v. 6 Foundation for the Application of the Human Rights Act 1998 in English Law

This book discusses the common ground between the protection of freedom of expression in English law and under the ECHR against a background of the incoporation of the ECHR into English law in the Human Rights Act 1998. The protection of freedom of expression in English law, under influence of the Human Rights Act, will have to be based on such a common ground. Three aspects that determine the protection of freedom of expression can be distinguished: the approach to the notion of the right to freedom of expression, the methods of protection applied by the courts and the consideration and appreciation of facts and circumstance. These aspects are examined and analyzed through the case law of the European Court of Human Rights and the case law of the English courts, in order to determine the extent of common ground with regard to them. The conclusion in that scope of common ground is considerable. Nevertheless, the English system of protection will need to undergo further changes in order to realize the aim of the Human Rights Act, which is to prevent citizens from having to take their cases to Strasbourg to see their rights protected.