ABSTRACT
The chapter considers a variety of controversial legislative restrictions on political expression in a number of western liberal democracies and look in detail at the basis of constitutional challenges to their validity/enforcement. As the German Constitutional Court has noted, parties constitute the 'political units of action which a democracy needs in order to unite electors into groups capable of political action'. In the period before and during the 2001 general election campaign, licence holders regulated by the Independent Television Commission (ITC) were obliged to carry party political/election broadcasts as part of their programme output, observing 'such rules as the ITC may determine'. In Lord Hoffman's eyes, whilst 'untutored opinion could differ' on the application of taste and decency standards, 'broadcasters were particularly experienced in making such decisions'. Voters' preferences are formed to a greater or lesser extent after reflection on the parties' manifestos and other public communications.
