Abstract
The importance of the concepts “democracy” and “freedom of expression” for modern states cannot easily be overemphasised. However, usually not much attention is paid to the interrelationship between these two concepts. This study therefore attempts to illustrate that the relationship between these concepts is much deeper and wider than is generally accepted. In essence the study submits that the concepts of democracy and freedom of expression are interwoven to such an extent that, in reality, no democracy can function effectively without freedom of expression. The study therefore undertakes to prove this hypothesis by, firstly, tracing the parallel origins and development of democracy and freedom of expression, from the ancient Athenian direct democracy up until the democratic institutions of the twenty first century. This historical discussion forms the basis of the study’s main hypothesis and sketches the background against which the rest of the study should be understood. The study then attempts to investigate the theoretical foundations of the democracy and freedom of expression, which leads to the identification of various elements of democracy. These elements of democracy are later used to illustrate the role freedom of expression plays with regard to each of the elements within the different branches of government in various jurisdictions. Before freedom of expression is applied to the elements of democracy, the study attempts to discuss this right comparatively with reference to the conduct protected by the right, the bearers of the right, those bound by the right and their duties, and the lawful limitation of the right. The succeeding investigation into the role and application of freedom expression with regard to the various elements of democracy within the legislative, executive and judicial government organs of various jurisdictions, acts as proof of the main hypothesis of the study, namely that democracy is dependent on this special right for its effectiveness and its very existence. If societies had a better understanding of the relationship between democracy and freedom of expression, it could lead to better protection and recognition of the right to freedom of expression (and other fundamental rights) which could ultimately strengthen and enhance democracy itself. It is therefore submitted that it is each society’s duty and responsibility to consider this important connection between democracy and freedom of expression and to recognise and develop this relationship not only to ensure stability within states, but also to promote stability in the international community.
LL.D.