Democracy Protest And The Law

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Democracy, Protest, and the Law

Author : Michael Head
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2024
Category : Assembly, Right of
ISBN : 0367608340

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Democracy, Protest, and the Law by Michael Head Pdf

"In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies"--

Justifying Violent Protest

Author : James Greenwood-Reeves
Publisher : Taylor & Francis
Page : 173 pages
File Size : 42,6 Mb
Release : 2022-12-30
Category : Political Science
ISBN : 9781000832365

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Justifying Violent Protest by James Greenwood-Reeves Pdf

This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as "legitimacy claims," or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue – with expressive and instrumental value in denouncing unjust laws – and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; in times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history, and philosophy, as well as others with interests in contemporary forms of protest.

The New Law of Peaceful Protest

Author : David Mead (Law teacher)
Publisher : Unknown
Page : 499 pages
File Size : 54,9 Mb
Release : 2010
Category : Assembly, Right of
ISBN : 1472560744

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The New Law of Peaceful Protest by David Mead (Law teacher) Pdf

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.

Protest and Democracy

Author : Moises Arce,Roberta Rice
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2019-06-15
Category : Electronic
ISBN : 1773854364

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Protest and Democracy by Moises Arce,Roberta Rice Pdf

In 2011, political protests sprang up across the world. In the Middle East, Europe, Latin America, the United States unlikely people sparked or led massive protest campaigns from the Arab Spring to Occupy Wall Street. These protests were made up of educated and precariously employed young people who challenged the legitimacy of their political leaders, exposed a failure of representation, and expressed their dissatisfaction with their place in the aftermath of financial and economic crisis. This book interrogates what impacts--if any--this global protest cycle had on politics and policy and shows the sometimes unintended ways it continues to influence contemporary political dynamics throughout the world. Proposing a new framework of analysis that calls attention to the content and claims of protests, their global connections, and the responsiveness of political institutions to protest demands, this is one of the few books that not only asks how protest movements are formed but also provides an in-depth examination of what protest movements can accomplish. With contributions examining the political consequences of protest, the roles of social media and the internet in protest organization, left- and right-wing movements in the United States, Chile's student movements, the Arab Uprisings, and much more this collection is essential reading for all those interested in the power of protest to shape our world.

The New Law of Peaceful Protest

Author : David Mead
Publisher : Bloomsbury Publishing
Page : 530 pages
File Size : 54,5 Mb
Release : 2010-04-06
Category : Law
ISBN : 9781847315762

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The New Law of Peaceful Protest by David Mead Pdf

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 Öllinger, 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; the constraints imposed on peaceful, persuasive protest; the near total intolerance of any form of obstructive or disruptive protest; the scope of preventive action by the police; and the extent to which commercial targets can avail themselves of private law remedies. This contemporary landscape is highlighted by critical analysis of the principles and case law -- including the leading decisions in Laporte, Austin, Jones and Lloyd and Kay. The book also highlights and develops themes that are currently under-theorised or ignored, including the interplay of the public and the private in regulating protest; the pivotal role played by land ownership rules; and the disjuncture between the law in the books and the law in action. While the book will appeal primarily to scholars, students and practitioners of law – as well as to campaigners and interest groups – it also offers political and socio-legal insights, which will be of interest equally to non-specialists.

Demonstration Democracy

Author : AMITAI. ETZIONI
Publisher : Routledge
Page : 0 pages
File Size : 53,7 Mb
Release : 2023-03-15
Category : Electronic
ISBN : 1032033061

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Demonstration Democracy by AMITAI. ETZIONI Pdf

This book, first published in 1970, examines the thesis that demonstrations are becoming an integral an integral part of the democratic way of life. It analyses the conditions under which some demonstrations become violent and explores ways in which the incidence of such violence can be greatly reduced. It discusses the necessity for governmental responsiveness to legitimate, articulated needs; and looks at the degree of responsiveness required if demonstrations are to remain peaceful.

Revolt Against Authority

Author : Laura Westra
Publisher : BRILL
Page : 291 pages
File Size : 45,7 Mb
Release : 2014-05-15
Category : Social Science
ISBN : 9789004273832

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Revolt Against Authority by Laura Westra Pdf

Protesters and mass demonstrations by citizens of many democratic countries are increasingly daily occurrences reported in today's news media. These protests are often considered to be illegal or are charged with disrupting the peace, and even when they are non-violent assemblies they are attacked by police and riot squads called in to disperse the protesters. Through a careful review of opposition to injustice, this book demonstrates that most often these protests and demonstrations are in support of and defend moral and legal principles that their democratic governments have forgotten to uphold or have chosen to ignore. Much like the earlier Civil Rights Movement in the US, that was centered on issues of social justice and human dignity, Westra concludes that today's protesters and social movements rally to defend human rights and moral principles against the undue influence of corporate actors, and raise their voice in opposition to the resulting actions by and under the authority of their governments.

Democracy Protests

Author : Dawn Brancati
Publisher : Cambridge University Press
Page : 227 pages
File Size : 40,8 Mb
Release : 2016-09-08
Category : Political Science
ISBN : 9781107137738

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Democracy Protests by Dawn Brancati Pdf

This book presents a rich analysis of modern democracy protests globally, using qualitative and quantitative evidence to describe trends in causes and consequences.

When Protest Becomes Crime

Author : Carolijn Terwindt
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2019
Category : SOCIAL SCIENCE
ISBN : 178680610X

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When Protest Becomes Crime by Carolijn Terwindt Pdf

How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters.The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time.0Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.

A People’s History of Riots, Protest and the Law

Author : Matt Clement
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 55,8 Mb
Release : 2016-07-01
Category : Social Science
ISBN : 1137527501

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A People’s History of Riots, Protest and the Law by Matt Clement Pdf

This book examines how movements from below pose challenges to the status quo. The 2010s have seen an explosion of protest movements, sometimes characterised as riots by governments and the media. But these are not new phenomena, rather reflecting thousands of years of conflict between different social classes. Beginning with struggles for democracy and control of the state in Athens and ancient Rome, this book traces the common threads of resistance through the Middle Ages in Europe and into the modern age. As classes change so does the composition of the protestors and the goals of their movements; the one common factor being how groups can mobilise to resist unbearable oppression, thereby developing a crowd consciousness that widens their political horizons and demonstrates the possibility of overthrowing the existing order. To appreciate the roots and motivations of these so-called deviants the author argues that we need to listen to the sound of the crowd. This book will be of interest to researchers of social movements, protests and riots across sociology, history and international relations.

Civil Disobedience and Deliberative Democracy

Author : William Smith
Publisher : Routledge
Page : 174 pages
File Size : 46,7 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781135017545

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Civil Disobedience and Deliberative Democracy by William Smith Pdf

Civil disobedience is a public, nonviolent, conscientious yet political act, contrary to law, carried out to communicate opposition to law and policy of government. This book presents a theory of civil disobedience that draws on ideas associated with deliberative democracy. This book explores the ethics of civil disobedience in democratic societies. It revisits the theoretical literature on civil disobedience with a view to taking a fresh look at long-standing questions: When is civil disobedience a justified method of political protest? What role, if any, does it play in democratic politics? Is there a moral right to civil disobedience in a democratic society? And how should a democratic state respond to citizens who commit civil disobedience? The answers given to these questions add up to a coherent and distinctive theory of civil disobedience, which draws on ideas associated with deliberative democracy to forge an account that improves upon prominent approaches to this subject. Civil Disobedience and Deliberative Democracy will be of interest to students and scholars of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory and moral philosophy.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Author : Brian Christopher Jones
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2017
Category : Civil disobedience
ISBN : 1472486145

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Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements by Brian Christopher Jones Pdf

This book examines the complex legal and political significance of Taiwan's Sunflower and Hong Kong's Umbrella protest movements. The collection brings together some of Asia's leading experts to address the complex questions the movements posed as regards democracy, rule of law, authority, and freedom of speech. Exploring the legalities of such protests and establishing best practices is important for future movements. With this in mind, the authors talk about their subject matter from a comparative, international perspective.

Extinction Rebellion and Climate Change Activism

Author : Oscar Berglund,Daniel Schmidt
Publisher : Springer Nature
Page : 109 pages
File Size : 48,8 Mb
Release : 2020-09-09
Category : Social Science
ISBN : 9783030483593

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Extinction Rebellion and Climate Change Activism by Oscar Berglund,Daniel Schmidt Pdf

This book summarises and critiques Extinction Rebellion (XR) as a social movement organisation, engaging with key issues surrounding its analysis, strategy and tactics. The authors suggest that XR have an underdeveloped and apolitical view of the kind of change necessary to address climate change, and that while this enables the building of broad movements, it is also an obstacle to achieving the systemic change that they are aiming for. The book analyses different forms of protest and the role of civil disobedience in their respective success or failure; democratic demands and practices; and activist engagement with the political economy of climate change. It engages with a range of theoretical perspectives that address law-breaking in protest and participatory forms of democracy including liberal political theory; anarchism and forms of historical materialism, and will be of interest to students and scholars across politics, international relations, sociology, policy studies and geography, as well as those interested in climate change politics and activism.

Democracy, Protest and the Law

Author : Michael Head
Publisher : Taylor & Francis
Page : 188 pages
File Size : 49,5 Mb
Release : 2024-03-29
Category : Law
ISBN : 9781040005026

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Democracy, Protest and the Law by Michael Head Pdf

In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.

Democracy and Rule of Law in China's Shadow

Author : Anonim
Publisher : Unknown
Page : 320 pages
File Size : 55,7 Mb
Release : 2021
Category : Electronic books
ISBN : 1509933999

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Democracy and Rule of Law in China's Shadow by Anonim Pdf

"This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region."--