Freedom of Assembly and Association in UK Law

Leading Cases
  • City of London v Samede and Others
    • Court of Appeal (Civil Division)
    • 22 Feb 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 Dic 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.

    But, as O'Kelly v Harvey shows, where it is necessary in order to prevent a breach of the peace, at common law police officers can take action (in that case dispersing a meeting) which affects people who are not themselves going to be actively involved in the breach.

    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 Dic 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 Feb 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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Legislation
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Act to give further effect to rights and freedoms guaranteed under the European Convention on Human ...Assembly or of the General Synod of the Church of England. ... Freedom of assembly and association . Freedom of assembly and association. . ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ......National Assembly for Wales. . (3) The second condition is— . . (a) in the case of a ... ‘body’ includes an unincorporated association; . ‘the Commissioner’ means the Information Commissioner; . ......
  • The Turks and Caicos Islands Constitution Order 2011
    • England & Wales
    • 1 de Enero de 2011
    ...... of a general election to the House of Assembly, and such date shall be not later than 30 days ..., equality, love, justice, peace and freedom for all; . ensure a vibrant diversified economy, ..., colour, religion, language, creed, association with a national minority, property, sex, sexual ......
  • Localism Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ...... from continuing to exercise any right or freedom which that person might reasonably expect to ... an Act, or Measure, of the National Assembly for Wales;. . . "passed" in relation to an Act, ... the designation of an unincorporated association, is not to be affected merely because of a change ......
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Books & Journal Articles
  • Information is the currency of democracy: Japanese perspective
    • Núm. 39-5, Junio 2018
    • Library Management
    • 336-342
    Purpose: The purpose of this paper is to proffer the view that the activities of libraries in Japan are central to the democratic process. Design/methodology/approach: This paper is a viewpoint. ...
    ......, Information, Democracy, Intellectual freedom, Library law, Library professionals Paper type ...That is: Article 21. Freedom of assembly and association as well as speech, press and all ......
  • Can foreign aid motivate institutional reform? An evaluation of the HIPC Initiative
    • Núm. 6-2, Agosto 2017
    • Journal of Entrepreneurship and Public Policy
    • 242-258
    Purpose: A number of political economy concerns are associated with the provision of foreign aid to developing economies. These concerns suggest that foreign aid is likely to have harmful effects o...
    ...... the Fraser Institute ’ s Economic Freedom of the World index as a measure of economic ... which individuals are ensured freedom of assembly, association, expression, education, and ......
  • Challenging behaviour: a human rights‐based approach
    • Núm. 4-2, Junio 2010
    • Advances in Mental Health and Intellectual Disabilities
    • 20-26
    When the behaviour of people with intellectual disabilities challenges carers and services, complex and competing human rights issues may emerge. This article explores the human rights issues raise...
    ...... as a more favourable term by the Association for People with Severe Handicaps. Its purpose ... home and correspondence the right to freedom of thought, conscience and religion the ... expression the right to freedom of assembly and association the right to marry and found ......
  • Case Comment: The Legality of ‘Kettling’ after Austin
    • Núm. 76-4, Julio 2013
    • The Modern Law Review
    This case comment considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 EHRR 14. Austin claimed, unsuccessfully, that police kettling at a public protest in Lon...
    ...... private life), Article 9 (the right to freedom of thought and religion), Article 10 (the right ...) and Article 11 (the right to freedom of assembly and association). However, Articles 5 and 6 are ......
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Law Firm Commentaries
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