ABSTRACT

Closely linked to freedom of expression, freedom of assembly and public order law relate to the right of individuals to gather together for the purpose of expressing their views. The right to political protest is extremely important to the democratic process, and represents the most direct and immediate way in which people can express their concerns. However, because demonstrations, whether in the form of processions or a static gathering, can cause inconvenience to the general public, public order law imposes conditions and restrictions on rights of assembly. What is important is whether the law strikes an appropriate balance between protecting the right to demonstrate with the more general right of society to public order. Article 11 of the European Convention on Human Rights provides:

Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.