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 Transforming Teacher Education by Ms Orsolya Salát
Cover of the book Play, Louis, Play! by Ms Orsolya Salát
Cover of the book Reporting at Wit's End by Ms Orsolya Salát
Cover of the book What is the Point of Being a Christian? by Ms Orsolya Salát
Cover of the book Catiline by Ms Orsolya Salát
Cover of the book Superhero Comics by Ms Orsolya Salát
Cover of the book Unfinished Business by Ms Orsolya Salát
Cover of the book US Marine Corps Tank Crewman 1941–45 by Ms Orsolya Salát
Cover of the book Screening Soviet Nationalities by Ms Orsolya Salát
Cover of the book Science Fiction and the Imitation of the Sacred by Ms Orsolya Salát
Cover of the book Digital Materialities by Ms Orsolya Salát
Cover of the book Love, Tommy by Ms Orsolya Salát
Cover of the book Nieuport 11/16 Bébé vs Fokker Eindecker by Ms Orsolya Salát
Cover of the book Cinnamon Kitchen by Ms Orsolya Salát
Cover of the book Cold War Culture 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