Open Access Te Herenga Waka-Victoria University of Wellington
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The Limits of Free Speech: Democratic Legitimacy in Canada and New Zealand

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posted on 2021-11-14, 03:34 authored by Winsley, Alexander

This paper explores the balancing act between freedom of expression and hate speech. It takes its cue from a recent dialogue between Ronald Dworkin and Jeremy Waldron concerning democratic legitimacy. This dialogue forms the conceptual starting point for the paper, and a detailed analysis of democratic principles will follow. Robert Post’s participatory theory of democracy is critiqued, and his recent conversion to democratic relativism is analysed. The operation of hate speech laws in Canada and New Zealand will both be assessed in order to see how both of these countries treat the issue of democratic legitimacy.


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Te Herenga Waka—Victoria University of Wellington

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Te Herenga Waka—Victoria University of Wellington

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper



Victoria University of Wellington School

School of Law