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Chapter

Cover Concentrate Questions and Answers Public Law

8. Freedom to protest and police powers  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.

Chapter

Cover Human Rights Law Concentrate

8. Freedom of assembly and association  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of assembly and association, which is dealt with together in Article 11 of the European Convention on Human Rights (ECHR) but separately in the International Covenant on Civil and Political Rights (ICCPR). It looks at the various forms of an assembly, and considers forms of association such as political parties, other interest groups, and trade unions, and how a state must justify any restriction on Article 11(1) given the extremely narrow margin of appreciation when it comes to political parties. The chapter also discusses public order and protest that has led to litigation in England and Wales to determine what is meant by imminent breach of the peace, the limits on processions and assembly, and the proportionality of state measures under Article 11 (with Articles 10 and 5).

Chapter

Cover Public Law

21. Freedom of Assembly  

This chapter is concerned with the right to freedom of assembly and, in particular, the right to protest. The chapter begins with a discussion of the importance of the right to protest, and then considers the prohibition of certain types of behaviour, statutory powers to regulate protests, and common law powers to regulate protests.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

17. Human Rights I: Traditional Perspectives  

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression