The Right to Freedom of Assembly: A Comparative Study

Author: Orsolya Salat
Publisher: Hart Publishing
ISBN: 9781509916016

Published In: August 2017
Format: Paperback , 314 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849467216

List Price: HKD 545.87

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Description
Contents

Details

Assembly is natural to people, and it reflects and shapes cultural values. People do it for many reasons: noble or base, dangerous or innocent, social or political, strategic or communicative. But despite the general significance of assembly, the right to freedom of assembly was often subjugated to the right to freedom of expression, both in courts and in legal scholarship.

This comparative study of freedom of assembly examines five influential jurisdictions in Western human rights jurisprudence, and reveals similarities and inconsistencies between them. It also exposes their shortcomings, such as the US’s narrowly focused content neutrality and public forum, the UK’s blanket bans based on intangible and distant harm, Germany’s preventative restrictions and viewpoint discrimination and France’s uncertain status and opaque judicial reasoning. Such divergence among European States hinders the development of a consistent assembly doctrine by the European Court of Human Rights. The book argues that it is time for jurisprudence to recognise values specific to freedom of assembly and move away from a narrow focus on expression.

Introduction
I. The Challenge of Freedom of Assembly
II. A Concept of Assembly
III. Structure

Chapter 1: Origins, Forms and Values
I. Historical Origins of the Right to Freedom of Assembly
II. Meeting, Marching or Speaking: Forms of Assembly
III. Fundamental Right, or 'Mere' Common Law Liberty
IV. The Value of Freedom of Assembly: Contemporary Judicial Rationales

Chapter 2: Prior Restraints, Exemptions and Bargain
I. Prior Restraint in General
II. Advance Notice or Permit
III. Prior Ban and Conditions IV. Exemptions, Derogations from the Notification Requirement

Chapter 3: From Violence to Public Disorder to Crime Prevention
I. The Peacefulness Requirement: A Determinant of Scope or a Limit
II. The Would-be Disorderly: Judicial Doctrines of Risk-assessment

Chapter 4: From Coercion to Direct Action to Disruption
I. Notigung in Germany
II. United Kingdom: Disruption, Obstruction and Many More
III. United States: Inconsistency Masked by Content-neutrality
IV. France: Pressure Inherent in Strike
V. European Court of Human Rights: No Violation

Chapter 5: Dignity as Peace, Truth and Love
I. Germany: Dignity and its Substitute 'Public Peace'
II. France: Dignity as Public Order and Officially Declared Truth
III. United States: Dignity as Non-Argument
IV. United Kingdom: Dignity Under Different Names
V. European Court of Human Rights: Hate Speech Chaos

Chapter 6: Restrictions on the Time
I. Special Days of the Year: The Notion of Public Order in Germany
II. Duration, Time Limit, Frequency

Chapter 7: Restrictions on the Manner
I. Banned and Protected Symbols: Whose Identity?
II. Uniforms and Masks: Whose Fear?
III. One Man's Noise is Another's Music
IV. Modes and Means of Protest as Aesthetic Harm

Chapter 8: Restrictions on the Place
I. Private Public Places
II. Governmental Buildings: Managerial or Authoritarian Protection?
III. Memorial Sites: Identity Fight over Collective Memory
IV. Designated Zones: Speech Pens, Protest Cages

Conclusion
I. Specific Comparative Findings
II. General Evaluation and Suggestions