- 289 pages
- English
- PDF
- Available on iOS & Android
Free to Protest: Constituent Power and Street Demonstration
About this book
The recent history of mass protests in democracies and semi-democracies raises a number of concerns. Some of these concerns are related to the proper balance between the right to demonstrate and its impacts on third parties. When it comes to striking the proper balance, one cannot avoid the specific problems associated with crowd phenomena. Recent demonstrations concerning election results or regime legitimacy in a growing number of post-communist regimes raise a fundamental practical question: are mass demonstrations a (the) genuine expression of popular will? Are spontaneous forms of mass discontent genuinely supreme and legitimate expressions of popular sovereignty? What is the place of the expression of popular discontent in constitutional (indirect) democracy? A key question is whether the freedom of assembly should be placed into a different normative context, perceiving it not as an individual right of expression of ideas but as a collective right to directly shape politics. Free to Protest addresses the issue of public demonstrations, looking at the experiences of established democracies - EU Member States and the U.S. - and countries in transition. The approach of the book is to cover the problem not as a strictly legal one, but to combine the constitutional and human rights aspects with the historical, political, and philosophical dimensions.
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Information
Table of contents
- Cover
- Title Page
- Table of Contents
- List of Contributors
- The Importance of Freedom of Assembly: Three Models of Justification, Tamås GyÔrfi
- Balancing Emotionalism: Contemporary Implications of the Impact of Street Demonstrations on Third-Party Interests, Bogdan Iancu
- We, the People: Freedom of Assembly, the Rights of Others, and Inclusive Constitutionalism, Michael Hamilton
- A Dialogue on Law and Social Protest, Roberto Gargarella
- The Power of Assembled People: The Right to Assembly and Political Representation, Daniel Smilov
- New Trends in the Assembly and Protest Jurisprudence of the European Court of Human Rights, Orsolya SalĂĄt
- Limiting Freedom of Assembly Based on Harms to Third Parties: The Balancing of Economic Freedoms and Fundamental Rights in the European Union and MERCOSUR, Lucas Lixinski
- Ethical and Political Considerations of Exercising Freedom of Assembly in Poland, Anna ĆledziĆska-Simon
- Shaping the Freedom of Assembly: Counter-Productive Effects of the Polish Road towards Illiberal Democracy, Adam Bodnar
- The Human Rights Act, Public Protest and Judicial Activism, Helen Fenwick and Gavin Phillipson
- Demonstration Democracy in Hungary: Policing Protest â from the Catacomb of Unofficial Activities to Rioting, MĂĄtĂ© SzabĂł
- A Comparative Study of Laws of Assembly in China: Historical Continuity and Transition, Kam C. Wong