The right to freedom of assembly
Subtitle: a comparative study
By: Orsolya Salát
Series: Hart studies in comparative public law -- volume 6; Hart studies in comparative public law -- volume 6.
Publisher: Hart Publishing
Published: 2015
Place of publication: Oxford, United Kingdom; Portland, OR
Language: eng
Number of pages: 304
ISBN-13: 9781849467216
Copyright date: 2015
Subjects: Right of Assembly
Description: "In legal decisions and commentary, freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance. But despite this rhetoric assemblies are subject to extensive regulation, such as prior restraints, and restrictions on the time, place and manner of assemblies. This comparative study examines five influential jurisdictions and reveals similarities and inconsistencies between them. It finds that freedom of assembly is often subjugated to freedom of expression in a way that disregards the expressive potential of assemblies. The shortcomings include the misconstrued content neutrality and public forum doctrines in the US, blanket bans and other restrictions based on intangible and distant harm in the UK, preventative restrictions and viewpoint discrimination in Germany, and the uncertain status of freedom of assembly and opaque judicial reasoning in France. Such inconsistencies also present challenges for the European Court of Human Rights in developing a coherent assembly doctrine. The book argues that it is time for jurisprudence to move away from a narrowly focused concept of expression, and recognise the creative and expressive value of freedom of assembly."--Bloomsbury Publishing.
Notes: Includes bibliographical references and index.
Table of contents: title: Origins, forms and values --; title: Prior restraints, exemptions and bargain --; title: From violence to public disorder to crime prevention --; title: From coercion to direct action to disruption --; title: Dignity as peace, truth and love --; title: Restrictions on the time --; title: Restrictions on the manner --; title: Restrictions on the place.