The New Law Of Peaceful Protest

The right to demonstrate is considered fundamental to any democratic system of government, yet in recent years it has received little academic attention. However, events following the recent G20 protests in April 2009 make this a particularly timely work. Setting out and explaining in detail the domestic legal framework that surrounds the right of peaceful protest, the book provides the first extensive analysis of the Strasbourg jurisprudence under Articles 10 and 11 of the European Convention on Human Rights, offering a critical look at recent cases such as Öllinger, Vajnai, Bukta, Oya Ataman, Patyi and Ziliberberg, as well as the older cases that form its bedrock. The principles drawn from this case-law are then synthesised into the remainder of the book to see how the right of protest enshrined in the Human Rights Act 1998 now operates. The five central chapters show how the right is defined: the restrictions on the choice of location of a protest; the constraints imposed on peaceful, persuasive protest; the near total intolerance of any form of obstructive or disruptive protest; the scope of preventive action by the police; and the extent to which commercial targets can avail themselves of private law remedies. This contemporary landscape is highlighted by critical analysis of the principles and case law -- including the leading decisions in Laporte, Austin, Jones and Lloyd and Kay. The book also highlights and develops themes that are currently under-theorised or ignored, including the interplay of the public and the private in regulating protest; the pivotal role played by land ownership rules; and the disjuncture between the law in the books and the law in action. While the book will appeal primarily to scholars, students and practitioners of law – as well as to campaigners and interest groups – it also offers political and socio-legal insights, which will be of interest equally to non-specialists.

The right to demonstrate is considered fundamental to any democratic system of government, yet in recent years it has received little academic attention. However, events following the recent G20 protests in April 2009 make this a particularly timely work. Setting out and explaining in detail the domestic legal framework that surrounds the right of peaceful protest, the book provides the first extensive analysis of the Strasbourg jurisprudence under Articles 10 and 11 of the European Convention on Human Rights, offering a critical look at recent cases such as llinger, Vajnai, Bukta, Oya Ataman.

"This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as 'legitimacy claims', or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue - with expressive and instrumental value in denouncing unjust laws - and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; at times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history and philosophy, as well as others with interests in contemporary forms of protest"--

Examines the political, social, and economic conditions that "allowed" the policing of the G20 Summit to culminate in human and civil rights violations. Written by a multi-disciplinary group of scholars and legal practitioners, this book contextualizes events before, during, and after the summit from a range of perspectives.--Provided by publisher.

This book shows that Hong Kong’s protests from June to December 2019 originated from not only an attempt to extradite a Hong Kong man involved in a Taiwan murder case, but also China’s effort at extraditing corrupt mainlanders who laundered dirty money in the territory. The mixture of peaceful and violent protests was due to the snowballing effect of protestors-police confrontations, the imbalanced way in which police exercised their power, and protestors’ strategies. The protests triggered the national security concerns of Beijing, which mobilized the People’s Armed Police to Shenzhen as a warning rather than sending them openly to Hong Kong to avoid undermining the image of “one country, two systems.” The entire debate raised the concerns of Washington, Taiwan, and foreign governments, heightening Beijing’s sensitivity. After the bill was withdrawn, the anti-extradition movement has become anti-police and anti-mainland, constantly challenging the legitimacy of the Hong Kong government and Beijing. This is a valuable read for China watchers, political scientists and all those interested in the future of East Asia.

Focusing on the moment when social unrest takes hold of a populace, Law and Disorder offers a new account of sovereignty with an affective theory of public order and protest. In a state of unrest, the affective architecture of the sovereign order begins to crumble. The everyday peace and calm of public space is shattered as sovereign peace is challenged. In response, the state unleashes the full force of its exceptionality, and the violence of public order policing is deployed to restore the affects and atmospheres of habitual social relations. This book is a work of contemporary critical legal theory. It develops an affective theory of sovereign orders by focusing on the government of affective life and popular encounters with sovereignty. The chapters explore public order as a key articulation between sovereignty and government. In particular, policing of public order is exposed as a contemporary mode of exceptionality cast in the fires of colonial subjection. The state of unrest helps us see the ordinary affects of the sovereign order, but it also points to crowds as the essential component in the production of unrest. The atmospheres produced by crowds seep out from the squares and parks of occupation, settling on cities and states. In these new atmospheres, new possibilities of political and social organisation begin to appear. In short, crowds create the affective condition in which the settlement at the heart of the sovereign order can be revisited. This text thus develops a theory of sovereignty which places protest at its heart, and a theory of protest which starts from the affective valence of crowds. This book’s examination of the relationship between sovereignty and protest is of considerable interest to readers in law, politics and cultural studies, as well as to more general readers interested in contemporary forms of political resistance.

Walk the long road to freedom with Nelson Mandela—one of the 20th century's shining beacons of peaceful protest. Nelson Mandela is one of the most inspiring figures in modern history. For 27 years he was a “prisoner of conscience”—a civil rights leader unjustly imprisoned for his struggle against apartheid, South Africa’s institutionalized racism. Mandela’s nonviolent fight for equality for his people rallied the world to his cause, and proved that good will and a positive gathering of nations can indeed topple oppressive governments. Featuring bold, vibrant art, no other picture book so thoroughly covers Nelson’s entire life; from childhood, through his time in prison, to his later years. Mother and daughter Malcah Zeldis and Yona Zeldis McDonough have teamed up to create a moving tribute introducing Nelson Mandela’s “long road to freedom” to a new generation—a hero who helped free an entire nation.