Articles for tag: Meinungsfreiheit, Pressefreiheit, Sedition

A Court of Last Resort

In a survey released by Reporters without Borders in 2021, India’s position in the Press Freedom Index significantly dropped to 142nd place out of 180 countries. This blog post examines freedom of press in India from a constitutional law perspective and discusses two recent judgments of the Supreme Court of India on India’s sedition law. I argue that while the Supreme Court has protected press freedoms in different ways through interpretation of the Constitution and judicial review, sedition law continues to be (mis)used to intimidate journalists.

23. Februar 2022

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The Right of Catalonian Leaders to Protest

On 22 April, the Spanish Constitutional Court issued its first judgement on the constitutionality of the conviction of the Catalonian leaders for the events of October 2017. It upheld the Supreme Court’s interpretation of the crime of sedition which blurs the line between legitimate protest and sedition. The judgment will therefore have repercussions beyond this particular case and may affect the right of protest and dissent.

17. Mai 2021

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The Criminal Conviction of Catalan Secessionist Leaders and European Human Rights Law

In the controversial judgement of the Spanish Supreme Court against the Catalan secessionist leaders, seven defendants were found guilty of the crime of sedition (amongst others) and sentenced to prison terms ranging from 9 to 13 years. An appeal to the European Court of Human Rights is likely but it is doubtful whether it will be successful.

31. Oktober 2019

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An Exotic Right

The Spanish Supreme Court's ruling in the trial against Catalan secessionist leaders will definitely not help to solve the conflict. Quite on the contrary, it will make it intractable in the short run, as we are beginning to see in the riots in the streets of Barcelona. In my opinion, this ruling is unjust and legally wrong. Even worse, it is unconstitutional since it compromises the fundamental democratic rights of protest – the freedom of expression, the freedom of assembly, and the right to demonstrate.

18. Oktober 2019

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