The New Law Of Peaceful Protest

Author : David Mead
Publisher : Bloomsbury Publishing
Page : 530 pages
File Size : 46,5 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.

Author : David Mead (Law teacher)
Publisher : Unknown
Page : 499 pages
File Size : 50,7 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.

Author : James Greenwood-Reeves
Publisher : Unknown
Page : 0 pages
File Size : 55,7 Mb
Release : 2023
Category : Civil disobedience
ISBN : 1032226951

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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; at 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"--

Author : Anonim
Publisher : Unknown
Page : 33 pages
File Size : 46,5 Mb
Release : 2014
Category : Electronic
ISBN : 2970086638

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Facilitating peaceful protests by Anonim Pdf

Author : Sonny Shiu-Hing Lo,Steven Chung-Fun Hung,Jeff Hai-Chi Loo
Publisher : Springer Nature
Page : 395 pages
File Size : 47,9 Mb
Release : 2020-09-29
Category : Political Science
ISBN : 9789811567124

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The Dynamics of Peaceful and Violent Protests in Hong Kong by Sonny Shiu-Hing Lo,Steven Chung-Fun Hung,Jeff Hai-Chi Loo Pdf

This book shows that Hong Kong’s protests from June to December 2019 originated from not only an attempt to extradite a Hong Kong man involved in a Taiwan murder case, but also China’s effort at extraditing corrupt mainlanders who laundered dirty money in the territory. The mixture of peaceful and violent protests was due to the snowballing effect of protestors-police confrontations, the imbalanced way in which police exercised their power, and protestors’ strategies. The protests triggered the national security concerns of Beijing, which mobilized the People’s Armed Police to Shenzhen as a warning rather than sending them openly to Hong Kong to avoid undermining the image of “one country, two systems.” The entire debate raised the concerns of Washington, Taiwan, and foreign governments, heightening Beijing’s sensitivity. After the bill was withdrawn, the anti-extradition movement has become anti-police and anti-mainland, constantly challenging the legitimacy of the Hong Kong government and Beijing. This is a valuable read for China watchers, political scientists and all those interested in the future of East Asia.

Author : Illan Rua Wall
Publisher : Routledge
Page : 157 pages
File Size : 55,6 Mb
Release : 2020-12-20
Category : Law
ISBN : 9781000298031

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Law and Disorder by Illan Rua Wall Pdf

Focusing on the moment when social unrest takes hold of a populace, Law and Disorder offers a new account of sovereignty with an affective theory of public order and protest. In a state of unrest, the affective architecture of the sovereign order begins to crumble. The everyday peace and calm of public space is shattered as sovereign peace is challenged. In response, the state unleashes the full force of its exceptionality, and the violence of public order policing is deployed to restore the affects and atmospheres of habitual social relations. This book is a work of contemporary critical legal theory. It develops an affective theory of sovereign orders by focusing on the government of affective life and popular encounters with sovereignty. The chapters explore public order as a key articulation between sovereignty and government. In particular, policing of public order is exposed as a contemporary mode of exceptionality cast in the fires of colonial subjection. The state of unrest helps us see the ordinary affects of the sovereign order, but it also points to crowds as the essential component in the production of unrest. The atmospheres produced by crowds seep out from the squares and parks of occupation, settling on cities and states. In these new atmospheres, new possibilities of political and social organisation begin to appear. In short, crowds create the affective condition in which the settlement at the heart of the sovereign order can be revisited. This text thus develops a theory of sovereignty which places protest at its heart, and a theory of protest which starts from the affective valence of crowds. This book’s examination of the relationship between sovereignty and protest is of considerable interest to readers in law, politics and cultural studies, as well as to more general readers interested in contemporary forms of political resistance.

Author : Erica Chenoweth,Maria J. Stephan
Publisher : Columbia University Press
Page : 451 pages
File Size : 41,9 Mb
Release : 2011-08-09
Category : Political Science
ISBN : 9780231527484

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Why Civil Resistance Works by Erica Chenoweth,Maria J. Stephan Pdf

For more than a century, from 1900 to 2006, campaigns of nonviolent resistance were more than twice as effective as their violent counterparts in achieving their stated goals. By attracting impressive support from citizens, whose activism takes the form of protests, boycotts, civil disobedience, and other forms of nonviolent noncooperation, these efforts help separate regimes from their main sources of power and produce remarkable results, even in Iran, Burma, the Philippines, and the Palestinian Territories. Combining statistical analysis with case studies of specific countries and territories, Erica Chenoweth and Maria J. Stephan detail the factors enabling such campaigns to succeed and, sometimes, causing them to fail. They find that nonviolent resistance presents fewer obstacles to moral and physical involvement and commitment, and that higher levels of participation contribute to enhanced resilience, greater opportunities for tactical innovation and civic disruption (and therefore less incentive for a regime to maintain its status quo), and shifts in loyalty among opponents' erstwhile supporters, including members of the military establishment. Chenoweth and Stephan conclude that successful nonviolent resistance ushers in more durable and internally peaceful democracies, which are less likely to regress into civil war. Presenting a rich, evidentiary argument, they originally and systematically compare violent and nonviolent outcomes in different historical periods and geographical contexts, debunking the myth that violence occurs because of structural and environmental factors and that it is necessary to achieve certain political goals. Instead, the authors discover, violent insurgency is rarely justifiable on strategic grounds.

Author : Helen Fenwick,Gavin Phillipson,Alexander Williams
Publisher : Routledge
Page : 1060 pages
File Size : 41,5 Mb
Release : 2020-12-14
Category : Law
ISBN : 9781135071332

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Text, Cases and Materials on Public Law and Human Rights by Helen Fenwick,Gavin Phillipson,Alexander Williams Pdf

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

Author : Mark Elliott,Robert Thomas
Publisher : Oxford University Press
Page : 985 pages
File Size : 52,5 Mb
Release : 2017
Category : Administrative law
ISBN : 9780198765899

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Public Law by Mark Elliott,Robert Thomas Pdf

Public Law covers the essential topics of undergraduate public law modules in an insightful and interesting way. The authors capture the vibrant nature of public law in practice and the key contemporary debates in the field.

Author : Francis Anthony Boyle
Publisher : Rowman & Littlefield
Page : 246 pages
File Size : 48,7 Mb
Release : 2008
Category : Law
ISBN : 0742538923

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Protesting Power by Francis Anthony Boyle Pdf

In this indispensable book, distinguished activist lawyer Francis A. Boyle sounds an impassioned clarion call to citizen action against Bush administration policies, both domestic and international. Especially since the Reagan Administration, hundreds of thousands of Americans have used non-violent civil resistance to protest against elements of U.S. policy that violate basic principles of international law, the United States Constitution, and human rights. Such citizen protests have led to an unprecedented number of arrests and prosecutions by federal, state, and local governments around the country. Boyle, who has spent his career advising and defending civil resisters, explores how international law can be used to question the legality of specific U.S. government foreign and domestic policies. He focuses especially on the aftermath of 9/11 and the implications of the war on Afghanistan, the war on terrorism, the war on Iraq, the doctrine of preventive warfare, and the domestic abridgement of civil rights. Written for concerned citizens, activists, NGOs, civil resisters, their supporters, and their lawyers, Protesting Power provides the best legal and constitutional arguments to support and defend civil resistance activities. Including a number of compelling excerpts from his own trial appearances as an expert witness and as counsel, the author offers inspirational and practical advice for protesters who find themselves in court. This invaluable book stands alone as the only guide available on how to use international law, constitutional law, and the laws of war to defend peaceful non-violent protesters against governmental policies that are illegal and criminal.

Author : Helen Fenwick,Richard Edwards
Publisher : Taylor & Francis
Page : 1430 pages
File Size : 47,8 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317561941

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Fenwick on Civil Liberties & Human Rights by Helen Fenwick,Richard Edwards Pdf

More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law – in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 – whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.

Author : Timothy Zick
Publisher : Cambridge University Press
Page : 364 pages
File Size : 46,5 Mb
Release : 2009
Category : Law
ISBN : 9780521517300

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Speech Out of Doors by Timothy Zick Pdf

The Supreme Court has emphasized that expressive liberties require 'breathing space' in which to thrive. At a minimum, speakers need places in which to assemble, speak, and petition government. This book is a comprehensive examination of First Amendment rights in public places. It shows that the literal ground beneath speakers' feet has been steadily eroding, from personal spaces to college campuses and to once vast and important inscribed places, such as public parks and public squares. Through the study of 'expressive topography', this book considers a variety of contemporary speech contests including restrictions on abortion clinic sidewalk counselors, protests at military funerals, and restrictions on assembly and speech at political conventions. Countering or reversing these forces will require a focused and sustained effort by public officials, courts, and, of course, the people themselves.

Author : Helen Fenwick
Publisher : Routledge
Page : 1724 pages
File Size : 50,6 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781135329235

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Civil Liberties and Human Rights by Helen Fenwick Pdf

This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era

Author : Alan Reed,Michael Bohlander
Publisher : Routledge
Page : 613 pages
File Size : 52,7 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317129547

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General Defences in Criminal Law by Alan Reed,Michael Bohlander Pdf

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

Author : Nele Matz-Lück,Øystein Jensen,Elise Johansen
Publisher : Taylor & Francis
Page : 317 pages
File Size : 48,8 Mb
Release : 2022-09-19
Category : Law
ISBN : 9781000649222

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The Law of the Sea by Nele Matz-Lück,Øystein Jensen,Elise Johansen Pdf

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.