Monday, June 26, 2017
Adrienne Stone, Melbourne Law School, is publishing Canadian Constitutional Law of Freedom of Expression in Canada in the World: Comparative Perspective on the Canadian Constitution (R. Albert and D. Cameron eds., Cambridge University Press, --). Here is the abstract.
The Canadian law of freedom of expression represents a distinctive and important contribution to global constitutionalism. In this chapter, I will reflect upon it with three aims. First, I will examine Canadian free speech law to identify the fundamental commitments on which it depends: equality, multiculturalism and a conception of the state as a positive agent in the protection of rights, the last of which I think is sometimes underemphasised in comparative debate. Second, I will argue that these distinctive substantive commitments — most especially the conception of the state — are also evident in the methodology of Canadian constitutional law of freedom of expression.
Download the essay from SSRN at the link.