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Free Speech and the Judicial Process

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0009
Subject:
Law, Human Rights and Immigration

Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to ... More


Prior Restraints

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0004
Subject:
Law, Human Rights and Immigration

It is a commonplace observation that the law regards, and is right to regard, prior restraints on speech and writing with particular hostility. One fundamental question is whether the differences ... More


The Summary Jurisdiction to Punish for Contempt of Court in Scotland

Sheriff T Welsh QC

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0029
Subject:
Law, Criminal Law and Criminology

This chapter discusses the summary jurisdiction of the court to punish for contempt of court in Scotland. It addresses four areas. First, it says something about the nature of the power and the ... More


Libel, Privacy, and Freedom of Expression

Eric Barendt

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0041
Subject:
Law, Legal History

In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy ... More


The Due Process of Law

Alfred Denning

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.001.0001
Subject:
Law, Constitutional and Administrative Law

Two central themes run through this book. The first is the workings of the various ‘measures authorised by the law so as to keep the streams of justice pure’ — that is to say, contempt of court, ... More


The Sword of Damocles: Contempt of Court

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0028
Subject:
Law, Constitutional and Administrative Law

In India, contempt of court is an instrument which the people themselves have given the courts by recognizing and vesting such power in the Supreme Court and the high courts by Articles 129 and 215 ... More


The Right to Free Speech

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0010
Subject:
Law, Human Rights and Immigration

This chapter reviews the performance of the UK’s top court in relation to the right to free speech. It does so by considering the law on contempt of court, anonymity orders, disclosure of ... More


The Vasudevan Case 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0098
Subject:
Law, Constitutional and Administrative Law

The article examines the imprisonment of Mr J Vasudevan following a Supreme Court order on 25 August 1995 that held him in contempt of Court. This was the first-time a civil servant of rank was ... More


The Truth as Defence to Contempt *

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme ... More


Disobedience to an order of the Court

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter talks about disobedience to an order of the court. One of the most important powers of a court of law is its power to give orders. Very often it has to make an order commanding a person ... More


Freedom of Expression

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0006
Subject:
Law, Constitutional and Administrative Law, Comparative Law

In this chapter, the contemporary adjudicatory approach of the common law courts of Hong Kong, Malaysia, and Singapore in free speech disputes is examined. This chapter argues that courts can engage ... More


Contempt of Court

Gautam Bhatia

in Offend, Shock, or Disturb: Free Speech under the Indian Constitution

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199460878
eISBN:
9780199086351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199460878.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses Indian and comparative jurisprudence on the relationship between contempt of court and the freedom of speech. It commences with a discussion of the Constituent Assembly ... More


The Supreme Court and Demolition of the Babri Masjid 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0074
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the Supreme Court judgment on the Babri Masjid demolition. Chief Justice M. N. Venkatachaliah in an interview a week after his retirement exulted in the conviction of former UP ... More


Prejudicing a fair trial

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0007
Subject:
Law, Constitutional and Administrative Law

The freedom of the press is fundamental in the British constitution. Newspapers have the right to make fair comment on matters of public interest. But this is subject to the law of libel and of ... More


July 2009: Whose View Prevails?

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0041
Subject:
Law, Family Law

Discusses a case in which, after years of defying court orders to allow her ex-partner contact with his child, the court eventually lost patience and jailed the mother for contempt of court. Also ... More


“A Colossal Effrontery to Justice”

Shawn Francis Peters

in The Catonsville Nine: An American Story

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199827855
eISBN:
9780199950140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199827855.003.0011
Subject:
Religion, Religion and Society

When lawyers represented activists like the Catonsville Nine in court, Berrigan expected them to take a page from the playbook of the nonviolent revolutionaries they were defending. Their goal should ... More


The Specific-Performance Principle: Actual and Virtual Specific Performance

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0024
Subject:
Law, Company and Commercial Law

Chapter 24 considers the most prominent alternative to expectation damages—specific performance. Specific performance is a judicial decree that orders a promisor to render the performance she agreed ... More


Introductory Note: The International Criminal Court in 2017

Geert-Jan Alexander Knoops

in The Global Community Yearbook of International Law and Jurisprudence 2018

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.003.0024
Subject:
Law, Public International Law

In 2017 the International Criminal Court saw a number of significant developments in its handling of complex substantive issues. In the Ntaganda and the Gbagbo and Blé Goudé cases, the court ... More


Count Them One by One: Black Mississippians Fighting for the Right to Vote

Gordon A., Jr. Martin

Published in print:
2010
Published Online:
March 2014
ISBN:
9781604737899
eISBN:
9781604737905
Item type:
book
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781604737899.001.0001
Subject:
History, Political History

Forrest County, Mississippi, became a focal point of the civil rights movement when, in 1961, the United States Justice Department filed a lawsuit against its voting registrar Theron Lynd. While ... More


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