Chapter

Case Analysis: <i>Otto-Preminger-Institut v Austria</i>

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print July 2012 | ISBN: 9780199662463
Published online September 2012 | e-ISBN: 9780191743405 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199662463.003.0008
Case Analysis: Otto-Preminger-Institut v Austria

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This chapter demonstrates the main points of all other chapters by means of a thorough analysis of the European Court of Human Rights’ decision in Otto-Preminger Institut v Austria, a case concerning Art. 10 of the Convention. The conflict is between the freedom of expression and the freedom of religion. It is demonstrated in detail how proportionality analysis works in this case. Numerous mistakes and insufficiencies in the Court’s reasoning are identified. It is argued that a proper proportionality analysis may have a rationalizing effect on legal reasoning.

Keywords: case analysis; European Court of Human Rights; freedom of expression; freedom of religion

Chapter.  6995 words. 

Subjects: Constitutional and Administrative Law

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