Publication Details
The Doctrine of Proportionality in Free Speech Jurisprudence: A Comparative Analysis between Kuwait’s Constitution and the European Court of Human Rights
Abstract
The paper examines how the proportionality deals with the issue of free speech and environmental law by comparing the way proportionality is handled in the Kuwaiti legal system and examine it with the cases decided by the European Court of Human Rights and compare it with United States courts in the field of environmental protection. The paper attempts first to assess the judicial application of proportionality in freedom of speech jurisprudence in Kuwait and compare it with the ECtHR model; second, to explore the broader implications of proportionality in the context of environmental governance by comparing Kuwait with the U.S. This dual comparison is deliberate: the ECtHR provides a supranational human rights framework centered on a structured proportionality test in free speech, while the U.S. illustrates proportionality-like reasoning in environmental governance despite lacking a constitutional right to a healthy environment. Including both systems highlights Kuwait’s divergences and situates its jurisprudence within broader global debates.