Criminalising Dissent
L?se-majesté and the Path to Autocracy
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Product details:
- Edition number 1
- Publisher Routledge
- Date of Publication 31 March 2025
- ISBN 9781032775067
- Binding Hardback
- No. of pages300 pages
- Size 234x156 mm
- Weight 720 g
- Language English 700
Categories
Short description:
This book addresses one of the oldest political offences in the European continent, l?se-majesté, in light of its historical evolution and the threat it poses to a democratic public sphere in modern-day Europe. It stands as a warning and a call for the abolition of l?se-majesté laws as a democratic necessity.
MoreLong description:
This book addresses one of the oldest political offences in the European continent, l?se-majesté, in light of its historical evolution and the threat it poses to a democratic public sphere in modern-day Europe. The Republic of Turkey, which serves as the focal point of this book, epitomises the ?chilling? (ab)use of l?se-majesté laws due to the sheer number of criminal investigations on the basis of l?se-majesté as well as the relatively low threshold for permissible criticism in defamation cases concerning the head of state. In this regard, through a comparative analysis encompassing multiple European jurisdictions and international human rights law, this work illustrates that the excesses in Turkey should not be treated as an alien practice, but rather as a caution for liberal political systems in Europe in view of the Western European origins of Turkish l?se-majesté and the erosion of the rule of law. Thus, the volume stands as both a warning and a call for the abolition of l?se-majesté laws as a democratic necessity beyond their inherent contradiction with state obligations stemming from international human rights law.
As a comprehensive work on European l?se-majesté, this book will function as a point of reference for legal scholars and practitioners alike, as it offers a historical and theoretical background in addition to its rich commentary on how l?se-majesté cases are assessed by domestic criminal courts and international human rights bodies. The book will also be of use to political scientists and journalists who wish to learn more about how heads of state can effectively become immune to criticism through the use of criminal law, and what can be done when faced with a l?se-majesté charge for doing one?s job.
MoreTable of Contents:
Introduction; 1. A History of L?se-majesté; 2. Theory and Practice of L?se-majesté in Europe; 3. L?se-majesté in the Former Turkish Criminal Code; 4. L?se-majesté in the Current Turkish Criminal Code; 5. L?se-majesté in International Human Rights Law; 6. Conclusion
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