Freedom of Assembly and Association in UK Law

Leading Cases
  • City of London v Samede and Others
    • Court of Appeal (Civil Division)
    • 22 Febrero 2012

    In our view, those factors include (but are not limited to) the extent to which the continuation of the protest would breach domestic law, the importance of the precise location to the protesters, the duration of the protest, the degree to which the protesters occupy the land, and the extent of the actual interference the protest causes to the rights of others, including the property rights of the owners of the land, and the rights of any members of the public.

  • R (Laporte) v Chief Constable of Gloucestershire Constabulary
    • House of Lords
    • 13 Diciembre 2006

    Lord Hewart CJ reflected the then current orthodoxy when he observed in Duncan v Jones [1936] 1 KB 218, 222, that "English law does not recognize any special right of public meeting for political or other purposes". The Human Rights Act 1998, giving domestic effect to articles 10 and 11 of the European Convention, represented what Sedley LJ in Redmond-Bate v Director of Public Prosecutions (1999) 163 JP 789, 795, aptly called a "constitutional shift".

    Article 10 confers a right to freedom of expression and article 11 to freedom of peaceful assembly. Neither right is absolute. The exercise of these rights may be restricted if the restriction is prescribed by law, necessary in a democratic society and directed to any one of a number of specified ends.

    By contrast, a peaceful protester does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or other punishable acts committed by others in the course of a demonstration: Ziliberberg v Moldova and Ezelin v France (1991) 14 EHRR 362, 375, para 34 of the Commission's decision.

    But the European Court has at all times also stressed the importance of the rights of freedom of assembly and expression and that states have positive obligations to take steps to facilitate their exercise (cf paragraph 136 above). So, wherever possible, the focus of preventive action should, on any view, be on those about to act disruptively, not on innocent third parties.

  • Blum v DPP
    • Queen's Bench Division (Administrative Court)
    • 20 Diciembre 2006

    The submission in simple terms is that the State, in its various public authority guises (police, CPS, courts) must be able to justify the necessity to act on the individual facts of each case. Thus, it is submitted that the questions that arise in each case are – was the arrest, detention, prosecution and conviction of the appellant strictly necessary? Was each necessary and proportionate for the achievement of legitimate aims, or was it heavy-handed and unnecessary?

  • The Pharmacists' Defence Association Union v Boots Management Services Ltd (First Respondent) Secretary of State for Business Innovation and Skills (Second Respondent)
    • Court of Appeal (Civil Division)
    • 10 Febrero 2017

    It is self-evident that any right to be recognised conferred by domestic law will have to be defined by rules which identify which unions should be recognised by which employers in respect of which workers and for what purposes.

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  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... does not include a Measure of the Church Assembly or of the General Synod of the Church of England ... (a) any other right or freedom conferred on him by or under any law having ... peaceful assembly and to freedom of association with others, including the right to form and to ... ...
  • The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... agreements, memoranda and articles of association, certificates, deeds and other documents;“the ... functions under the Freedom of Information Act 2000 (other than functions to ... Cabinet Office ”(a) section 13(4) (a) (Assembly proposal for referendum on income tax provisions) ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... have particular regard to the rights of freedom of expression and freedom of assembly set out in ... Ireland Policing Board and the Police Association for Northern Ireland ... (4) In section 52 of ... ...
  • The Montserrat Constitution Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... opinion, national or social origin, association with a national minority, property, birth or ... (b) freedom of conscience and of religion, of expression, and of assembly and association; ... (c) protection for his or ... ...
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Books & Journal Articles
  • Appendix III: Report on Three Cases against Mexico (CASES 9768, 9780 AND 9828)
    • No. 9-1, March 1991
    • Netherlands Quarterly of Human Rights
    ... ... ), 11 (right to privacy), 13 (freedom of thought and expression), 15 (freedom f assembly), 16 (freedom of association), 24 (right to ... ...
  • Description of Documents and Literature
    • No. 12-1, March 1994
    • Netherlands Quarterly of Human Rights
    ... ... such topics as rights to personal freedom and bodily integrity, and incursions on ... , documents of the CSCE Parliamentary Assembly are included. The new political climate in ... on freedom of assembly, association and speech. The Romanian government has ... ...
  • Description of Documents and Literature
    • No. 11-4, December 1993
    • Netherlands Quarterly of Human Rights
    ... ... DOCUMENTS AND LITERATURE Academic freedom 2: a human rights report. John Daniel ... [et ... , freedom of the press, freedom of assembly and association, freedom of movement, and ... ...
  • V Africa: A African Commission on Human and Peoples' Rights
    • No. 10-2, June 1992
    • Netherlands Quarterly of Human Rights
    ... ... which are supposed to guarantee the freedom of the press, the independence of the ... the guaranteeing of the freedom of assembly, association, religion and the press. Rioting ... ...
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Law Firm Commentaries
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