#17455 - Constitutional Rights Freedom Of Assembly And Association - Constitutional Rights

ASSEMBLY AND ASSOCIATION Very explicit restrictions and limits Assembly1° The State guarantees liberty for the exercise of the following rights, subject to public order & morality ECHR - Trying to be as explicit as possible and exclusive. - Gives specific restrictions about freedom of assembly for governments and bodies - Have to bring the measure within one of the given headings to show that it is necessary for assembly to be restricted Art 9, 10, 11 > ECHR ➢ Freedom of thought, conscience, religion, thought, assembly, association recognised as being linked to each other ➢ Underlying principle which motivates them ➢ Specific examples of people using this freedom > communicating and expressing their beliefs etc ➢ Art 35 > assembly and association are particular modes of this expression and here is an example of what links them Alekseyev v Russia Ban on gay pride marches in Moscow in three different years. Found to be a breach of article 11 of the ECHR as the bans were not necessary. There were no aims which justified this prohibition. SPECIAL FEATURES - Assembly mainly a form of expression - Howeve,r there are dangers > - riot, disorder, coersion as a result of the gathering of crowd - Special costs - Traffic disruption - Nuisance - Security required - (extra)