Rights as trumps and order as counter-trumps: re-examining free speech theory in an era of fear, hate and lies

• Main Author: Li-ann, Thio
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Conference or Workshop Item
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: the constitutional order; free speech rightism
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94793
• Institution: Vietnam National University, Hanoi

The constitutional order embodies an arena where interests compete; in interpreting constitutional liberties, relevant interests are identified, weighed and accorded value; these may be optimalised, in ensuring no interest is overridden, such as through subjecting rights to reasonable or proportiona...