Acta Universitatis Danubius. Juridica, Vol 11, No 2 (2015)

Abstract

The process of understanding the concept of freedom of expression is very complex and it implies thorough knowledge of the constitutional values and the analysis of the constitutional tradition of different legal systems. At the same time, a balancing operation is necessary between the value of freedom of speech and other fundamental rights, process that establishes limits of the expression such as criminalizing hate speech or other actions which affect the individual dignity. The human dignity has become a constant component of the constitutional case law of many States that share the same characteristics due to the promotion of fundamental rights. In the absence of a hierarchy of rights and fundamental freedom, freedom of expression is analyzed in many cases as a primary right (Kentridge, 1996, p. 254) that prevails over other fundamental rights.

This study aims to analyze the landmarks of the German constitutional interpretation of the concept of freedom of expression, to identify its scope and types of speech excluded from the constitutional protection. The choice of this constitutional legal order was justified by the complexity of this topic and the specificity of the German history and tradition, elements that have contributed to an interesting vision in the matter of conflict between different fundamental rights