The Comparative Constitutional Law of Freedom of Expression in Asia

Forthcoming in R Dixon and T Ginsburg (eds), Comparative Constitutional Law in Asia, Edward Elgar (2013)

U of Melbourne Legal Studies Research Paper No. 643

34 Pages Posted: 18 Jun 2013  

Adrienne Stone

Melbourne Law School

Rishad Chowdhury

University of Chicago - Law School

Martin Clark

University of Melbourne, Law School, Students

Date Written: June 16, 2013

Abstract

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.

Keywords: constitutional law, freedom of expression

JEL Classification: K00, K19

Suggested Citation

Stone, Adrienne and Chowdhury, Rishad and Clark, Martin, The Comparative Constitutional Law of Freedom of Expression in Asia (June 16, 2013). Forthcoming in R Dixon and T Ginsburg (eds), Comparative Constitutional Law in Asia, Edward Elgar (2013); U of Melbourne Legal Studies Research Paper No. 643. Available at SSRN: https://ssrn.com/abstract=2280222

Adrienne Stone (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

Rishad Chowdhury

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Martin Clark

University of Melbourne, Law School, Students ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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