The New Law of Peaceful Protest: Rights and Regulation in the Human Rights Act Era

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 Ollinger, 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.

Table of Contents:
1: Introduction I. Overview II. Historical Development of The Right III. The Function of Free Speech and Protest IV. Protest and Democracy V. A Simple Dichotomy: Protest v Direct Action VI. Deciding to Engage in Collective Action VII. The Socio-Legal Aspect VIII. The Role and Behaviour of the Police IX. Protest and Protesters at the Start of the New Millenium 2: Protecting Human Rights in the Human Rights Act Era I. The Right to Protest at Common Law II. The European Convention on Human Rights III. A Home-Grown Bill of Rights? The Human Rights Act 1998 IV. Conclusion: The Likely Influence of the Human Rights Act on Peaceful Protest 3: Strasbourg Case Law on the Right to Peaceful Protest I. Introduction II. A Content Study of Protest Cases III. The Scope of the Right to Peaceful Protest IV. The Extent of Lawful Interferences with the Right V. Conclusions 4: The Locus of Protest I. Introduction and Overview II. Rights of Access Over Land for the Purpose of Protest III. Place-Specific Restrictions on Protest IV. Police Powers in Relation to Protests on Land V. Conclusion 5: Peaceful Persuasion and Communicating Dissent I. Overview II. Marching, Meeting and Holding Demonstrations: The Statutory Scheme in the Public Order Act 1986 III. Showing Support for Causes and Campaigns IV. Conclusion 6: Taking Direct Action I. Introduction and Overview II. Direct Action Protesters as Terrorists III. Crimes of Violence and Damage IV. Aggravated Trespass V. Harassment and Intimidation VI. Other Criminal Measures to Control Direct Action VII. Conclusion 7: Preventive Action by the Police I. The General Duties of the Police II. Stop and Search Powers III. Preventing Breaches of the Peace IV. Anti-Social Behaviour Orders V. Dispersal Orders VI. Strasbourg Case Law VII. Conclusions 8: Private Law Remedies and Proceedings I. Introduction II. Possible Claims by Private Parties III. Conclusions 9: Conclusion I. A Strasbourg Snapshot: The Right of Peaceful Protest under the ECHR in 2010 II. A Domestic Snapshot: The Right of Peaceful Protest in England and Wales in 2010 III. The Wider Picture: A Recap of Some Key Themes IV. An Agenda for Change Appendix I: European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 Appendix II: Bringing an Individual Case to Strasbourg: An Overview Appendix III: A Summary of Strasbourg Case Law on the Right to Peaceful Protest Appendix IV: Human Rights Act 1998, Chapter 42