- 316 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
About this book
This book addresses one of the oldest political offences in the European continent, lèse-majestÊ, in light of its historical evolution and the threat it poses to a democratic public sphere in modern-day Europe. The Republic of Turkey, which serves as the focal point of this book, epitomises the "chilling" (ab)use of lèse-majestÊ laws due to the sheer number of criminal investigations on the basis of lèse-majestÊ as well as the relatively low threshold for permissible criticism in defamation cases concerning the head of state. In this regard, through a comparative analysis encompassing multiple European jurisdictions and international human rights law, this work illustrates that the excesses in Turkey should not be treated as an alien practice, but rather as a caution for liberal political systems in Europe in view of the Western European origins of Turkish lèse-majestÊ and the erosion of the rule of law. Thus, the volume stands as both a warning and a call for the abolition of lèse-majestÊ laws as a democratic necessity beyond their inherent contradiction with state obligations stemming from international human rights law.
As a comprehensive work on European lèse-majestÊ, this book will function as a point of reference for legal scholars and practitioners alike, as it offers a historical and theoretical background in addition to its rich commentary on how lèse-majestÊ cases are assessed by domestic criminal courts and international human rights bodies. The book will also be of use to political scientists and journalists who wish to learn more about how heads of state can effectively become immune to criticism through the use of criminal law, and what can be done when faced with a lèse-majestÊ charge for doing one's job.
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Information
Table of contents
- Cover
- Half-Title
- Title
- Copyright
- Contents
- Table of cases
- Acknowledgements
- Abbreviations
- Introduction
- 1 A history of lèse-majestÊ
- 2 Theory and practice of lèse-majestÊ in Europe
- 3 Lèse-majestÊ in the former Turkish Criminal Code
- 4 Lèse-majestÊ in the current Turkish Criminal Code
- 5 Lèse-majestÊ in international human rights law
- Conclusion
- Index