Public law - Freedom of Assembly

Question 1

What are the reasons for the protection of freedom of assembly in a constitutional democracy?

Answer 1

• Fostering Democracy: Freedom of assembly helps foster democracy by allowing people to gather peacefully to discuss political issues, organize protests, or petition the government for redress of grievances. This participation strengthens democratic institutions and ensures accountability of those in power.
• Protection against Tyranny: Freedom of assembly, like freedom of expression, serves as a safeguard against tyranny and authoritarianism. It allows citizens to peacefully resist government oppression, express dissent, and demand reforms without fear of retaliation or censorship.

Question 2

What is protected under article 11 of the ECHR? What are the acceptable limitations of freedom of assembly?

Answer 2

• Article 11 protects the right of individuals to peacefully assemble and associate with others. This includes the freedom to gather in public spaces for demonstrations, protests, meetings, or other collective actions.
• It also safeguards the right to form and join associations or organizations, such as trade unions, for the protection of individuals’ interests.
  
  • Limitations: National Security, Prevention of crime, Protection of the rights and freedoms of others

Question 3

Connections between freedom of assembly and the Public Order Act 1986?

Answer 3

Protection of Fundamental Rights:

While the Public Order Act 1986 regulates public assemblies, it also recognizes the importance of protecting fundamental rights, including the right to freedom of expression and peaceful assembly. The Act includes safeguards to ensure that any restrictions on assembly rights are proportionate and necessary in a democratic society.

Question 4

Connections between freedom of assembly and the Protection from Harassment Act 1997?

Answer 4

Maintaining Order and Safety:

Freedom of assembly is not absolute and may be subject to limitations to ensure public order and safety. The Protection from Harassment Act can be invoked to address situations where harassment or stalking behavior disrupts the peaceful conduct of public assemblies or poses a threat to the safety of participants.