Assessing Judicial Empowerment

Thomas M. Keck
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Thomas M. Keck: Department of Political Science, Maxwell School of Citizenship and Public Affairs, Syracuse University, Syracuse, NY 13244-1020, USA

Laws, 2018, vol. 7, issue 2, 1-17

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.

Keywords: judicial empowerment; judicialization; free speech; freedom of speech; free expression; freedom of expression; Supreme Court of Canada; European Court of Human Rights (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2018
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