This article seeks to examine the approach of the judiciary in both England and Germany in respect of certain manifestations of extreme right-wing images. The article will start by looking at the legislative framework governing the display of such images within the two jurisdictions. Following on from this, there will be an examination of the doctrinal and rights-based arguments that arise when such offences are dealt with by criminal prosecution. The article will then draw together different decisions of appeal courts in the two jurisdictions and conclude the discussion by noting both the similarities and divergent practices within the respective legal systems.
|Journal||The Journal of Criminal Law|
|Publication status||Published - 1 Apr 2011|