The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance

Title: The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance
Creator: Chow, Pok Yin S.
Relation: Modern Law Review Vol. 86, Issue 4, p. 927-950
Publisher Link: http://dx.doi.org/10.1111/1468-2230.12787
Publisher: Wiley-Blackwell
Resource Type: journal article
Date: 2023
Description: Since the enactment of the Human Rights Act, the law concerning civil disobedience has changed dramatically. Originally sceptical about this form of protest activity, the UK courts now recognise the value of civil disobedience and the need for its protection on the grounds of free expression and assembly. Yet, as lawbreaking plays a crucial part in civil disobedience, the shift in judicial attitude may also affect how we view civil disobedience as a constitutional practice. This article reviews the change in direction in the development of case law on civil disobedience and discusses its constitutional significance. It argues that a more tolerant approach to civil disobedience will strengthen constitutional democracy.
Subject: civil disobedience; free expression; judicial attitude; constitutional significance; SDG 16; Sustainable Development Goals
Identifier: http://hdl.handle.net/1959.13/1484383
Identifier: uon:51308
Identifier: ISSN:0026-7961
Language: eng
Reviewed

		Thumbnail	File	Description	Size	Format