Freedom of Assembly Flashcards
(2 cards)
Freedom of Assembly and association
Art 11
Freedom of Assembly:
- freedom to physicaly join together
Freedom of Association
- freedom to join group (political, trade Unions etc.)
authorities, test, limitations.
Limitation in Case law:
Albert v Lavin :
- there is a duty to prevent a breach of peace both on authorities and individuals HOWEVER
- breach must be imminent
- must have reasonable belief of imminent breach
- must be necessary
- can only arrest if no other alternative.
R (Laporte)
while the police have a duty to prevent breaches of the peace, their actions must be reasonable and proportionate, and not indiscriminate
- basically proportionality test arises:
City of London v Samede and Others:
- right to assembly does not include the right to permanently or indefinitely occupy a public highway or space for the purpose of protest
- their freedom of assembly was held to inhibit others’ freedom of thought (religion)
