A Comparative Analysis of the Practice of the United Kingdom and Malaysia in Respect of Freedom of Expression
International law, particularly treaties on human rights, has great infl uence on the development of the right to freedom of expression. The application of international treaties is very much dependant on the constitutions of individual countries and these constitutions to a large extent are...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
2011
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/3064/1/FH02-FUHA-16-05465.pdf http://eprints.unisza.edu.my/3064/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English |
| Summary: | International law, particularly treaties on human rights, has great
infl uence on the development of the right to freedom of expression.
The application of international treaties is very much dependant on
the constitutions of individual countries and these constitutions to
a large extent are dissimilar from one to another. The position in
the United Kingdom is relatively unique since the country has no
codifi ed written constitution to safeguard the fundamental right to
freedom of expression and as a result it was regarded as residual
in nature. Nonetheless, the provisions of the international treaties,
particularly the European Convention on the Protection of Human
Rights and Fundamental Freedoms (ECHR) have altered this
position and accordingly freedom of expression has been formally
incorporated into the UK law via the Human Rights Act 1998 (HRA).
Meanwhile, the international human rights treaties is considered
to have less infl uence in Malaysia arguably since the country has
a written constitution (the Federal Constitution) that contains a
specifi c part on fundamental liberties including the right to freedom
of expression. |
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