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Animal Defenders International v U nited K ingdom : Sensible Dialogue or a Bad Case of S trasbourg Jitters?
Author(s) -
Lewis Tom
Publication year - 2014
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12074
Subject(s) - law , political science , doctrine , human rights , adjudication , convention , statutory law , legislature , politics , freedom of expression
In Animal Defenders International v U nited K ingdom a majority of the Grand Chamber of the E uropean Court of Human Rights held that the UK 's statutory broadcasting ban on political advertisements under the Communications Act 2003 did not breach the right to freedom of expression under Article 10 of the European Convention on Human Rights. The judgment departs from the Court's established case law and, it is argued, raises several issues of concern both with regard to freedom of expression, and for human rights adjudication more generally. In particular, the Court's use of a doctrine of ‘general measures’ led it to place a great deal of reliance on the quality and quantity of legislative debate that preceded the UK ban, rather than its actual impact upon the applicant.