The concept and content of the limits of freedom of speech in the integrative approach
Автор: Bolshakov L.M.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы теории государства и права, конституционного права
Статья в выпуске: 2 т.22, 2022 года.
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The author examines the normative and doctrinal terms used to establish the limits of rights and freedoms, in general, and freedom of speech, in particular. Based on the integrative approach, the concept of the limits of freedom of speech and their relationship with related categories, such as "boundaries", "restrictions", is revealed. When establishing the essence and content of the limits of freedom of speech, it is proposed to proceed from the fact that they are always in unity with the principle of inadmissibility of abuse of the right, which is expressed through the requirement for copyright holders not to go beyond its limits. In this context, the limits of freedom are the natural boundary between one right (freedom) and others. The introduction of these boundaries into the legal environment through restrictions, as well as going beyond them, in fact, characterize the degree of state intervention, determine the ratio of natural limits and normatively predetermined rules, ultimately, facilitating the assessment of the restrictions imposed for their compliance with constitutional norms.
Freedom of speech, limits of freedom of speech, constitutional restrictions on freedom of speech, the content of the limits of freedom of speech, self-censorship
Короткий адрес: https://sciup.org/147238127
IDR: 147238127 | DOI: 10.14529/law220211