The new Law of peaceful protest
rights and regulation in the Human Rights Act Era
- ISBN: 9781841136219
- Editorial: Hart Publishing
- Fecha de la edición: 2010
- Lugar de la edición: Oxford. Reino Unido
- Encuadernación: Rústica
- Medidas: 24 cm
- Nº Pág.: 530
- Idiomas: Inglés
The right to protest peacefully is considered fundamental to most democratic systems of government yet it has received much less attention in recent years than the right to which it is most closely linked, the right to freedom of speech. This timely new book considers the legal framework that surrounds the right of peaceful protest in England and Wales in the light of Strasbourg case law "brought home" by the Human Rights Act. While primarily doctrinal in its orientation, the book offers theoretical insights as well as socio-legal and political perspectives. The New Law of Peaceful Protest provides the first, free- standing analysis of European Court judgments and admissibility decisions on the right to peaceful protest. It looks in detail at recent cases such as Ollinger, Balcik, Bukta, Aldemir and Ziliberberg as well as those forming the bedrock of the Court's jurisprudence such as Plattform Artzte, Rassemblement Jurassien, Steel and Ezelin. At its heart, the book shows the impact of the influx of Strasbourg case law on this area. Its four main chapters assess how - if at all - the HRA has changed how able we all are to protest about matters of concern by looking at: the location of protest; peaceful persuasive protest; obstructive or disruptive direct action; and preventive action by the police and private parties. In each there is a detailed consideration of the manner and extent of the contemporary regulation of this key democratic right by a critical reflection on the domestic rules and principles set out in cases such as Gillan, Laporte, Austin, Evans & Blum and Kay - as well as offering insights on likely outcomes and approaches in scenarios yet to come before the courts.