2004
Volume 23, Issue 1
  • ISSN: 1566-7146
  • E-ISSN: 2667-1611

Abstract

Abstract

The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of the jury for judging political and press offences. However, the constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted by the ultramontanist Catholic newspaper . He sued the newspaper’s printer under tort law, and obtained a considerable amount of damages, bypassing the jury. Progressive radical lawyer Lucien Jottrand, former member of the Constituent Assembly, argued at length that the constitution exclusively reserved competence for both civil and criminal liability to the jury. The Brussels Court of Appeal and the Court of Cassation rejected this reasoning and insisted on the superior natural law-origins of tort law. Yet, this decision created a risk of private censorship, well documented in the press and in private archives on the legal battle around the .

Loading

Article metrics loading...

/content/journals/10.5117/PM2021.1.005.DHON
2021-01-01
2021-10-22
Loading full text...

Full text loading...

http://instance.metastore.ingenta.com/content/journals/10.5117/PM2021.1.005.DHON
Loading
/content/journals/10.5117/PM2021.1.005.DHON
Loading

Data & Media loading...

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error