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Good point and worrisome. I wonder though if the lack of a strong constitutional law tradition (free speech jurisprudence) is more to blame in this case.
They are related -- judges in civil law jurisdictions are far more reluctant to override legislators -- goes back to the Roman civil law maxim, "the emperor's will is law".
Yes, and constitutional law, as messy as it is, shares the same organic case by case quality as common law. Also borrows helpful forms like levels of scrutiny, strict liability, and multipart tests.
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