Punblic Law

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Submitted By Musthafa
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The United Kingdom’s constitution does not provide sufficient protection for the right to protest in the streets
The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others.
The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets.
The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these rights emerge from natural law, meaning there are certain things that are “wrong” or “right”. In 1998 the Human Rights Act was passed which incorporated the Convention into UK domestic law. Before this all cases of breach of convention rights were heard in the European Court of Human Rights in Strasbourg. However as signatories to the convention, the UK was still bound to the terms as a…...

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