The Right to Freedom of Assembly

A Comparative Study

Nonfiction, Reference & Language, Law, Constitutional
Cover of the book The Right to Freedom of Assembly by Ms Orsolya Salát, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ms Orsolya Salát ISBN: 9781782259862
Publisher: Bloomsbury Publishing Publication: June 25, 2015
Imprint: Hart Publishing Language: English
Author: Ms Orsolya Salát
ISBN: 9781782259862
Publisher: Bloomsbury Publishing
Publication: June 25, 2015
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book New Medicalism and the Mental Health Act by Ms Orsolya Salát
Cover of the book Translating the Poetry of the Holocaust by Ms Orsolya Salát
Cover of the book Mrs. Tim of the Regiment by Ms Orsolya Salát
Cover of the book Ivanov by Ms Orsolya Salát
Cover of the book The Spanish Civil War 1936–39 by Ms Orsolya Salát
Cover of the book The Honeymoon Sisters by Ms Orsolya Salát
Cover of the book The Pocket Mountain Bike Trail Guide by Ms Orsolya Salát
Cover of the book M26/M46 Pershing Tank 1943–53 by Ms Orsolya Salát
Cover of the book Zara by Ms Orsolya Salát
Cover of the book Making Short Films, Third Edition by Ms Orsolya Salát
Cover of the book The Real Global Warming Disaster by Ms Orsolya Salát
Cover of the book Disposed to Learn by Ms Orsolya Salát
Cover of the book Bad Cop by Ms Orsolya Salát
Cover of the book Terra Incognita by Ms Orsolya Salát
Cover of the book The Poetic Imagination in Heidegger and Schelling by Ms Orsolya Salát
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy