Democracy, press independence, and constitutional structure: the crisis of journalism and the checking function of the press

Thesis

This thesis undertakes a comparative doctrinal analysis of the checking function of the press in public libel cases in Canada, the United Kingdom, and the United States. This examination reveals serious deficiencies associated with a common under-theorizing of the checking function. The primary consequence of this under-theorizing is inadvertent over and under protection of speech. The thesis concludes by recommending that precise evaluation of its doctrinal and methodological outcomes must await further interdisciplinary efforts to evaluate them within the context of differing conceptions of 'democracy', and each comparator's unique constitutional and media structures.

Authors: Stephenson, RL

• Publication date: 2013
• Type of award: M.St.
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: Checking Function; Democratic Accountability; Defamation; Institutional Press
• Subjects: Media Law; journalism; Publishing; News media; Comparative Law