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Exclusion from Public Space: A Comparative Constitutional Analysis

By Daniel Moeckli
Cambridge University Press December 2018

Specifications

ISBN-13
9781316608296
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars.

This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Table of Contents

Part I. Introduction
Part II. Public Space and Its Transformation
Part III. Exclusion from Public Space
Part IV. Rule of Law
Part V. Fundamental Rights
Part VI. Fundamental Rights
Part VII. Democracy
Part VIII. A Right (of Access) to Public Space?
Part IX. Synthesis.
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