The Rising of Political Extremism in Democratic Legal Systems: An Approach from the Right to Freedom of Expression

The Rising of Political Extremism in Democratic Legal Systems: An Approach from the Right to Freedom of Expression

Andres Felipe GOMEZ ARIZA

 

Abstract

The notion of freedom is one deeply enshrined in democratic legal systems. It serves as a vital purpose and perhaps the most important value of democracy. One of the key manifestations of this value is freedom of expression, which must be not only recognized but protected by states. However, there have been an important number of risings of political extremism in the past decade. Countries, like the United Stated, the United Kingdom, Greece and Germany have witnessed the creation of these groups, some of which hold openly anti-democratic values as their flagship. Seeing this delicate situation, which could be an adequate approach to a legislation purporting to regulate these groups’ behavior? Different states have taken different approaches. This paper will engage in the analysis of the main positions taken by states and, using elements from all of them, will try to propose an adequate model that serves both the purposes of the guarantee of freedom of expression, and the protection of the democratic state.

Keywords

Freedom of expression; free speech; political extremism; democratic state; political speech
The Rising of Political Extremism in Democratic Legal Systems An Approach from the Right to Freedom of Expression