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Chapter

Cover International Human Rights Law

11. Thought, Expression, Association, and Assembly  

Dominic McGoldrick

This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

10. Freedom of Expression  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of speech and expression, including the scope of free speech and expression, its protection in domestic law and under the ECHR, and its application to areas such as public order, national security contempt of court, press freedom, and defamation law.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

11. Freedom of Religion, Association, and Peaceful Assembly  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties; offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of religion, freedom of association, and the right to peaceful assembly, including the scope of those rights, their protection in domestic law and under the ECHR and their application to matters such as religious practices, trade unions, and political organisations, and the right to demonstrate.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

17. Freedom of Thought, Conscience, and Religion  

This chapter examines the protection of the freedom of thought, conscience, and religion in the European Convention on Human Rights. It explains the provisions of Article 9 and the definition that has been given to the concepts of ‘religion’, ‘belief’, and the ‘manifestation of religion or belief’. It analyses the decisions made by the Strasbourg Court in several related cases, including those involving proselytism, the wearing of religious dress and symbols, the manifestation of religion and belief by prisoners, the conscientious objection to military service, immigration issues which touch on the freedom of religion, and the recognition and authorisation of religious organisations.

Chapter

Cover International Human Rights Law

23. Human rights in practice: the COVID-19 pandemic  

This chapter provides a case study of some of the implications in international human rights law of the SARS-CoV-2 COVID-19 pandemic, considering positive obligations on States and obligations to work together, as well as a range of rights and freedoms including the right to the highest attainable standard of health, right to privacy, family rights, and freedom of movement. In contrast to earlier chapters which focused on one right/freedom or groups of rights holders, this chapter demonstrates the complexities of human rights in reality by overviewing some of the rights and freedoms engaged by the acts and omissions of governments responding to the COVID-19 pandemic.

Chapter

Cover Partnership and LLP Law

3. Legal Controls on Partnerships  

This chapter details the relatively few legal controls and restrictions on partnerships and partnership agreements, together with aspects of contract law and litigation issues. In terms of contract law, the issues are capacity to become a partner, illegality and partnerships, and restraint of trade clauses in partnership agreements. With regard to the latter, the issues are validity and severance of such clauses as a matter of public policy, and enforcement. Medical and solicitors' partnerships are specifically considered in that context. The controls on partnership and business names in the Companies Act 2006 are set out, followed by the possibility of passing-off actions in tort. Finally, the position of partnerships, not being legal persons, as either complainants or defendants is considered.

Chapter

Cover Civil Liberties & Human Rights

3. Personal Liberty (Article 5) I: Stop, Search, and Arrest  

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the laws which justify invasions of personal freedom. The majority of the powers discussed are available to police officers only, though in some cases they may be exercised by other officials, or even by private citizens. It first considers provisions for stop, search, and arrest under the Human Rights Act 1998. It then turns to the exercise of powers of stop, search, and arrest under the Police and Criminal Evidence Act 1984.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

14. Article 11: Freedom of assembly and association  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the Article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.

Chapter

Cover Public Law

20. Freedom of Expression  

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.

Book

Cover Concentrate Questions and Answers Human Rights and Civil Liberties
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. After an introduction, it covers: the nature and enforcement of human rights and civil liberties; the European Convention on Human Rights; the Human Rights Act 1998; the right to life; freedom from torture and inhuman and degrading treatment; due process, liberty and security of the person, and the right to a fair trial; prisoners’ rights; the right to private life; freedom of expression; and freedom of religion, association, and peaceful assembly.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

1. Exam Skills for Success in Human Rights and Civil Liberties Law  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter briefly sets out the book’s purpose, which is to assist students preparing for an examination in human rights and civil liberties, and also offers some suggestions regarding coursework and taking exams.

Chapter

Cover Human Rights Law Directions

14. Introduction to Articles 8–11  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter introduces the general idea of qualified rights under the Convention. These are the subjects of the next four chapters. Articles 8–11, involve individual freedom: freedom to live a private and family life (Article 8); freedom to hold and demonstrate religious and other beliefs (Article 9); freedom of expression, including the freedom of the media (Article 10); and the freedom to ‘assemble’ and ‘associate’ (Article 11). The articles have a similar, two-paragraph structure that requires the courts to decide, first, whether some action for which the state is responsible interferes with a protected freedom and, if it does, whether the state has shown that the interference is justified in terms of the second paragraph of the Article involved.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

23. The Fourth, Sixth, Seventh, and Thirteenth Protocols  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 provide for freedom from imprisonment for contractual debt; freedom of movement within a state and freedom to leave a state’s territory; the right of a national not to be expelled from and to enter their state’s territory; and the freedom of aliens from collective expulsion. Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war respectively.

Chapter

Cover EU Law

23. Freedom of Establishment and to Provide Services  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.

Chapter

Cover Concentrate Questions and Answers EU Law

7. The Free Movement of Persons  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of persons in the EU. The area of law straddles three main subdivisions, comprising the free movement of workers, involving most of the secondary legislation and case law; secondly the freedom of establishment and freedom to provide services; and additionally now, Union citizenship. The chapter includes all types of questions, such as combination essay-type questions, combination problem-type questions, problem questions concerned only with the free movement of workers, an essay-type question concentrating on the free movement of professionals and questions which involve citizenship and wider free movement issues.

Book

Cover The Substantive Law of the EU
The Substantive Law of the EU provides a critical and thorough analysis of the key principles of the substantive law of the EU, focusing on the four freedoms (goods, persons, services, and capital). An introductory chapter provides valuable context on the nature of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then considered in turn. The book concludes with a discussion of harmonization, the regulation of the internal market, and its future.

Chapter

Cover EU Law

23. Freedom of Establishment and to Provide Services  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

1. Introduction to the study of contract law  

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU and Brexit.

Chapter

Cover Essential Cases: EU Law

Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O'Meara.