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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
Constitutional Prohibition of Censorship in Theory and Practice
 Hodulík, Jakub ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
Constitutional Prohibition of Censorship in Theory and Practice Abstract The thesis focuses on the constitutional prohibition of censorship enshrined in Art 17(3) of the Charter of Fundamental Rights and Freedoms and presents an analysis of the content and applicability of this institute of Czech constitutional law. Firstly, the thesis addresses the confusion of terms which results from identifying censorship in an extra-legal sense with the constitutionally prohibited censorship within the meaning of the Charter or from mistaking this concept for the prior restraint doctrine known from the Supreme Court of the United States and European Court of Human Rights case law. The thesis is subsequently structured according to the three fundamental characteristics of the examined concept identified in the Czech doctrinal literature. These are critically analysed from the perspective of coherence in the context of the related guarantees of freedom of expression, the sub-constitutional regulation of media law and the intermediary services in the digital space. The fundamental premises of the Czech doctrine are confronted with the existing case law and the starkly contrasting position of the Slovak literature and case law. The analysis drives from the historical evolution of the concept on the Czech territory and from...
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