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A Crisis of Democratic Accountability: Public Libel Law and the Checking Function of the Press

by Randall Stephenson

Defamation law and democratic accountability

Regular price $143.49 USD
Regular price $143.49 USD Sale price $143.49 USD

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AlbakiReads Editorial

Defamation law and democratic accountability

Randall Stephenson’s comparative study examines how public-interest and political-speech defences operate in defamation law across the UK, Australia, New Zealand, Canada, and the United States. It focuses on the tensions that arise when democratic free-expression arguments are invoked in legal disputes. Stephenson argues that the approaches taken by courts and legislatures in these jurisdictions need clearer criteria, grounded in more precise accounts of democracy, accountability, and representation. The book brings questions of press scrutiny and political speech into conversation with the structure of public libel law.

Good fit for readers who enjoy

  • Scholars of free speech and defamation law
  • Readers studying public law and comparative legal approaches
  • Those interested in the press’s role in democratic accountability

Themes

Defamation lawPolitical speech and public interestDemocratic accountabilityComparative common law

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Book overview

This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States - five common law comparators - are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of 'democracy', 'accountability', and 'representation'. The book will be of great interest to scholars of free speech, defamation and public law.
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