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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Right to Freedom of Assembly - A Comparative Study (Hardcover)
Loot Price: R3,560
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The Right to Freedom of Assembly - A Comparative Study (Hardcover)
Series: Hart Studies in Comparative Public Law
Expected to ship within 12 - 19 working days
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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.
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