Overview

These studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society would be enhanced if our courts were to fashion our common law in accordance with many First Amendment principles. Others, more sceptically, reject this embrace of US legal culture, offering distinctly ""Ameri-sceptic"" views and arguing for a solution based on common law principles and on the jurisprudence of the European courts.

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9781901362282

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a reassuring comparison of how two great legal traditions wrestle with the common problem of ensuring fundamental human rights while protecting legitimate majority values.Gary J. EdlesEuropean Public LawSeptember 2002...one of the best books on constitutional law that I have read in recent years because the very different political cultures of the two countries make the criticisms that the authors level against the importation of American legal doctrine so powerful.Bill PizziNew Law JournalSeptember 2002

…a reassuring comparison of how two great legal traditions wrestle with the common problem of ensuring fundamental human rights while protecting legitimate majority values. -- Gary J. Edles * European Public Law * ...one of the best books on constitutional law that I have read in recent years because the very different political cultures of the two countries make the criticisms that the authors level against the importation of American legal doctrine so powerful. -- Bill Pizzi * New Law Journal *

...a reassuring comparison of how two great legal traditions wrestle with the common problem of ensuring fundamental human rights while protecting legitimate majority values. Gary J. Edles European Public Law September 2002 ...one of the best books on constitutional law that I have read in recent years because the very different political cultures of the two countries make the criticisms that the authors level against the importation of American legal doctrine so powerful. Bill Pizzi New Law Journal September 2002

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Ian Loveland is Professor of Law at City University, London.

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