The New Law of Peaceful Protest - Mead, David

Résumé :

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

Biographie:
the constraints imposed on peaceful, persuasive protest...

Sommaire:
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 ?llinger, 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...