Constitutional And Administrative Law And EU Law 2e – Trevor Tayleur (1)

Nonetheless, English judges have traditionally acknowledged that a ‘right’ to protest exists. For example, in Hubbard v Pitt [1976] 1 QB 142, Lord Denning affirmed: the right to demonstrate and the right to protest on matters of public concern. These are rights which it is in the public interest that individuals should possess; and, indeed, that they should exercise without impediment so long as no wrongful act is done.

It is often the only means by which grievances can be brought to the knowledge of those in authority, at any rate with such impact as to gain remedy. Although the concept of residual freedoms remains an important principle, the Human Rights Act 1998 has had a considerable impact in this area as there is now positive protection of individual rights and freedoms in the UK, not merely residual freedom.

The Human Rights Act 1998 incorporated the key rights and freedoms in the ECHR into domestic law as ‘Convention rights’, and consequently there has been a significant shift under the UK constitution from residual freedom to the positive protection of individual rights and freedoms. The key provisions of the ECHR in the context of public order are Article 10 – freedom of expression – and especially Article 11 – freedom of assembly and association.

Article 11(1) gives a right of peaceful assembly and the separate right of freedom of association. These rights are regarded worldwide as fundamental rights in a democratic society and the courts construe them widely. However, they are subject to qualifications. The state can restrict freedom of assembly if the restrictions are: e prescribed by law; and ¢ necessary in a democratic society; ° in the interests of national security or public safety; ° for the prevention of disorder or crime; ° for the protection of health or morals; or ° for the protection of the rights and freedoms of others.

This chapter focuses very much on the POA 1986. Prior to its enactment in 1986, there were numerous statutory and common law offences concerning public order. Following a period of public disorder that included inner-city riots in 1981 and the miners’ strike of 1984-85, which involved violent clashes between miners and the police, the POA 1986 was introduced in reaction to the perceived need to give the police greater powers and to clarify the law.

© The University of Law 2022 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written permission of the copyright holder, application for which should be addressed to the publisher. Contains public sector information licensed under the Open Government Licence v3.0 First edition published 2021 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library.

ISBN 978 1 915698 05 6 Preface This book is part of a series of Study Manuals that have been specially designed to support the reader to achieve the SQE1 Assessment Specification in relation to Functioning Legal Knowledge. Each Study Manual aims to provide the reader with a solid knowledge and understanding of fundamental legal principles and rules, including how those principles and rules might be applied in practice.

This Study Manual covers the Solicitors Regulation Authority’s syllabus for the SQE1 assessment for Constitutional and Administrative Law and EU Law in a concise and tightly focused manner. The Manual provides a clear statement of relevant legal rules and a well-defined road map through examinable law and practice. The Manual aims to bring the law and practice to life through the use of example scenarios based on realistic client-based problems and allows the reader to test their knowledge and understanding through single best answer questions that have been modelled on the SRA’s sample assessment questions.

For those readers who are students at the University of Law, the Study Manual is used alongside other learning resources and the University’s assessment bank to best prepare students not only for the SQE1 assessments, but also for a future life in professional legal practice. We hope that you find the Study Manual supportive of your preparation for SQE1 and we wish you every success.

The legal principles and rules contained within this Manual are stated as at 1 June 2022. Author acknowledgments Trevor would like to thank Savwvas Michael for reviewing and commenting on the content of chapters and sample questions and Nancy Duffield and Gary Atkinson for their source materials; their input was invaluable. Thanks must also go to David Stott for his editorial support and guidance.

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This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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