Problematic Aspects of Freedom of Speech Protection Under the Doctrine of Constitutional Identity: Comparative Analysis

The final graduating thesis is devoted to issues connected with interconnection between constitutional identity and freedom of expression and exploration about these problematic questions with help of comparative method. In the text author analyze role of constitutional identity as law category and its influence on freedom of expression and its restrictions. Author analyzes international standards about freedom of expression and demonstrate in what sphere national governments have discretion. The thesis consists of introduction, main part and conclusion. Main part includes from 9 paragraphs. In them author describes sense of constitutional identity, its role of freedom of expression for constitutional identity of USA and compare attitude to this right in America and countries of Council of Europe. During this exploration author show role of constitutional identity on freedom of expression and its restrictions in different European countries and demonstrate positions of European court of human rights about this issue. In another paragraph it is shown role of international standards about freedom of expression and human rights in general to prevent violation of this right. Author demonstrates meaning of general principles of rule of law, case law, established by European court of human rights, procedure of balancing and also role of soft law for regulation about freedom of expression. During this part of the thesis, he makes conclusion that system of guaranties of human rights let states to have discretion in issues which are important for its constitutional identity. In final paragraph of main part author provides critical analyze of Russian regulation which restricts freedom of expression and proves that it violates right to share opinion about historic events and gives to much opportunities to government for restricting this right. The thesis includes 83 pages. During its writing author used 66 different sources – cases of different courts, scientific literature and various legal acts.