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Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier
Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier
Vanderbilt Journal of Transnational Law
Judicial and constitutional conservatism have allowed Irish defamation law to remain remarkably close to its English common law origins. But the common law of defamation was not designed for a modem democracy with a free press, and Ireland's libel laws have a profound effect upon freedom of expression. If Ireland is to be a modern democracy, as its constitution asserts that it is, and the European Convention on Human Rights demands, it must protect a core area of free expression in order to allow the press (without the fear of repercussion) to keep the public informed about matters of concern. …