Freedom of Expression of the Judiciary: Limitations and Vulnerabilities

Abstract

The freedom of speech is one of the most important fundamental rights and one of the preconditions for the good functioning of democracy. Because no right can be an absolute one, the most delicate issue is to establish a fair balance between the exercise of this right and the protection of general interests or of individual rights of other persons.

By the present study, we propose to analyze the sphere of free speech of judges, its correlations with other fundamental rights, but also its limit, having in mind the present social environment, in which the generalized attacks to the address of justice are grooving, and “value judgments” are transformed into “popular judgments” in the shape of an “extraordinary appeal” against every judgment.

Note: Downloadable document is in Romanian.