The New Law of Peaceful Protest

Erscheinungsjahr 2010
ISBN: 978-1-84113-621-9
Verlag: Bloomsbury 3PL

Buch, Englisch, 530 Seiten, Format (B × H): 170 mm x 244 mm, Gewicht: 904 g

The right to demonstrate is considered fundamental to any democratic system of government, yet in recent years it has received little academic attention. However, events following the recent G20 protests in April 2009 make this a particularly timely work.

Setting out and explaining in detail the domestic legal framework that surrounds the right of peaceful protest, the book provides the first extensive analysis of the Strasbourg jurisprudence under Articles 10 and 11 of the European Convention on Human Rights, offering a critical look at recent cases such as Öllinger, Vajnai, Bukta, Oya Ataman, Patyi and Ziliberberg, as well as the older cases that form its bedrock. The principles drawn from this case-law are then synthesised into the remainder of the book to see how the right of protest enshrined in the Human Rights Act 1998 now operates. The five central chapters show how the right is defined: the restrictions on the choice of location of a protest; the constraints imposed on peaceful, persuasive protest; the near total intolerance of any form of obstructive or disruptive protest; the scope of preventive action by the police; and the extent to which commercial targets can avail themselves of private law remedies. This contemporary landscape is highlighted by critical analysis of the principles and case law -- including the leading decisions in Laporte, Austin, Jones and Lloyd and Kay. The book also highlights and develops themes that are currently under-theorised or ignored, including the interplay of the public and the private in regulating protest; the pivotal role played by land ownership rules; and the disjuncture between the law in the books and the law in action.

While the book will appeal primarily to scholars, students and practitioners of law – as well as to campaigners and interest groups – it also offers political and socio-legal insights, which will be of interest equally to non-specialists.

Autoren/Hrsg.

Mead, David

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

1: Introduction

I. Overview

II. Historical Development of The Right

III. The Function of Free Speech and Protest

IV. Protest and Democracy

V. A Simple Dichotomy: Protest v Direct Action

VI. Deciding to Engage in Collective Action

VII. The Socio-Legal Aspect

VIII. The Role and Behaviour of the Police

IX. Protest and Protesters at the Start of the New Millenium

2: Protecting Human Rights in the Human Rights Act Era

I. The Right to Protest at Common Law
II. The European Convention on Human Rights

III. A Home-Grown Bill of Rights? The Human Rights Act 1998

IV. Conclusion: The Likely Influence of the Human Rights Act on Peaceful Protest

3: Strasbourg Case Law on the Right to Peaceful Protest

I. Introduction

II. A Content Study of Protest Cases

III. The Scope of the Right to Peaceful Protest

IV. The Extent of Lawful Interferences with the Right

V. Conclusions

4: The Locus of Protest

I. Introduction and Overview

II. Rights of Access Over Land for the Purpose of Protest

III. Place-Specific Restrictions on Protest

IV. Police Powers in Relation to Protests on Land

V. Conclusion

5: Peaceful Persuasion and Communicating Dissent

I. Overview

II. Marching, Meeting and Holding Demonstrations: The Statutory Scheme in the Public Order Act 1986

III. Showing Support for Causes and Campaigns

IV. Conclusion

6: Taking Direct Action

I. Introduction and Overview

II. Direct Action Protesters as Terrorists

III. Crimes of Violence and Damage

IV. Aggravated Trespass

V. Harassment and Intimidation

VI. Other Criminal Measures to Control Direct Action

VII. Conclusion

7: Preventive Action by the Police
I. The General Duties of the Police

II. Stop and Search Powers

III. Preventing Breaches of the Peace

IV. Anti-Social Behaviour Orders

V. Dispersal Orders

VI. Strasbourg Case Law

VII. Conclusions

8: Private Law Remedies and Proceedings

I. Introduction

II. Possible Claims by Private Parties

III. Conclusions

9: Conclusion

I. A Strasbourg Snapshot: The Right of Peaceful Protest under the ECHR in 2010

II. A Domestic Snapshot: The Right of Peaceful Protest in England and Wales in 2010

III. The Wider Picture: A Recap of Some Key Themes

IV. An Agenda for Change

Appendix I: European Convention for the Protection of Human Rights and Fundamental Freedoms 1950

Appendix II: Bringing an Individual Case to Strasbourg: An Overview

Appendix III: A Summary of Strasbourg Case Law on the Right to Peaceful Protest

Appendix IV: Human Rights Act 1998, Chapter 42

Über Autor(innen)

David Mead is a Senior Lecturer in Law at the University of East Anglia.