Dealing with Demonstrations

1. Auflage 2004
ISBN: 978-1-86287-487-9
Verlag: Federation Press

Buch, Englisch, 176 Seiten, Gewicht: 354 g

Dealing with Demonstrations has been written with a view to assisting those with a direct interest in knowing the nature of a demonstration law, but it may also be read as a case-study of the ambivalent relationships between liberal democratic governments and their adversaries. It treats laws as reflecting both the commitment of Australian governments to political liberalism, and their unease about political conduct which poses even symbolic threats to their legitimacy. Courts tolerate peaceful, communicative demonstrations, but show considerable unease when demonstrations threaten order. But, Douglas argues, laws and their enforcement reflect not only what governments would like to achieve, but also what they can achieve, and while laws constrain demonstrators, demonstrators are able to constrain governments. This book explores the laws relating to political demonstrations. It is comprehensive in its coverage, and analyses relevant law in the Commonwealth and each of the States and Territories: the degree to which laws impinging on demonstrations are subject to the implied constitutional freedoms enjoyed by other forms of political communications; laws applicable to riots, unlawful assemblies, and to peaceful demonstrations; the public order offences with which demonstrators are usually charged although, on their face, they have nothing to do with the collective, communicative, or coercive aspects of the demonstration;police powers in relation to demonstrations.

Autoren/Hrsg.

Douglas, Roger

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung

Inhaltsverzeichnis

Contents The Ambiguity of Demonstrations Debating demonstrations In defence of demonstrations Objections to demonstrations Evaluating the arguments Arguments about rights Arguments about lawlessness and violence Arguments about democracy Arguments about demonstrators Arguments from prudence Conclusions The Legality of Demonstrations International law Constitutional issues Common law presumptions Riots and unlawful assemblies Obstruction Permits Traditional permit systems Modern permission systems 'No permit' systems Public Order Offences Charges Laws Resisting police Offensive language and behaviour Other offences Torts Interference with contractual relations Intimidation Nuisance Injury to the plaintiff's trade or business Trespass Powers to Control Demonstrations Police powers Preventing breaches of the peace Preventive measures: dispersal Arrest Police violence and harassment Negotiation Court orders Binding over Preventive measures: injunctions -- General principles/ Policy issues/ Union disputes/ Targets of injunctive orders Preventive measures: bail conditions Sentences Conclusions Anachronisms Uncertainty Limited protections The hostile audience problem Limits to law Table of Cases/ Table of Statutes/ Index