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Original scientific paper
https://doi.org/10.20901/pm.55.4.06

Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia

Đorđe Gardašević   ORCID icon orcid.org/0000-0002-2103-6139 ; Law Faculty, University of Zagreb

Fulltext: english, pdf (347 KB) pages 147-175 downloads: 193* cite
APA 6th Edition
Gardašević, Đ. (2018). Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia. Politička misao, 55 (4), 147-175. https://doi.org/10.20901/pm.55.4.06
MLA 8th Edition
Gardašević, Đorđe. "Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia." Politička misao, vol. 55, no. 4, 2018, pp. 147-175. https://doi.org/10.20901/pm.55.4.06. Accessed 17 Jan. 2020.
Chicago 17th Edition
Gardašević, Đorđe. "Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia." Politička misao 55, no. 4 (2018): 147-175. https://doi.org/10.20901/pm.55.4.06
Harvard
Gardašević, Đ. (2018). 'Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia', Politička misao, 55(4), pp. 147-175. https://doi.org/10.20901/pm.55.4.06
Vancouver
Gardašević Đ. Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia. Politička misao [Internet]. 2018 [cited 2020 January 17];55(4):147-175. https://doi.org/10.20901/pm.55.4.06
IEEE
Đ. Gardašević, "Historical Events in Symbols and the Freedom of Expression: The Contemporary Constitutional Debate in Croatia", Politička misao, vol.55, no. 4, pp. 147-175, 2018. [Online]. https://doi.org/10.20901/pm.55.4.06

Abstracts
In the last few years, the Croatian Constitutional Court delivered several important decisions that significantly shaped interpretative approaches to constitutional guarantee on the freedom of expression in the specific context of the public use of some symbols with contested meanings. Such developments undoubtedly deserve attention, especially in terms of particular tools that the Court used in defining limits to free speech. The primary focus of this article is directed to the issue of whether the use of contested symbols in public may be covered by constitutional free expression guarantees, and be therefore treated as the case of balancing process between them and some opposed interests, or it should be subjected to stricter prohibitions, including their complete ban. For those purposes, I am first presenting the relevant case-law of the Croatian Constitutional Court and then the cases already decided in a similar fashion by the European Court for Human Rights. In the final part I am presenting some personal views on how a further structured approach to constitutional interpretation in cases involving the use of contested symbols with historical meanings could possibly be construed in the Croatian context.

Keywords
Freedom of Expression; Free Speech; Contested Symbols; Disputed Insignia; Constitutional Adjudication

Hrčak ID: 215404

URI
https://hrcak.srce.hr/215404

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