Free to protest : constituent power and street demonstration
Author(s)
Bibliographic Information
Free to protest : constituent power and street demonstration
(Issues in constitutional law, v. 5)
Eleven International Pub., c2009
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
"Earlier versions of the papers collected in this volume were presented in Budapest in 2007 at the 15th 'The Individual v. the State' Conference."--Acknowledgment
Includes bibliographical references
Description and Table of Contents
Description
The recent history of mass protests in democracies and semi-democracies raises a number of concerns. Some of these concerns are related to the proper balance between the right to demonstrate and its impacts on third parties. When it comes to striking the proper balance, one cannot avoid the specific problems associated with crowd phenomena. Recent demonstrations concerning election results or regime legitimacy in a growing number of post-communist regimes raise a fundamental practical question: are mass demonstrations a (the) genuine expression of popular will? Are spontaneous forms of mass discontent genuinely supreme and legitimate expressions of popular sovereignty? What is the place of the expression of popular discontent in constitutional (indirect) democracy? A key question is whether the freedom of assembly should be placed into a different normative context, perceiving it not as an individual right of expression of ideas but as a collective right to directly shape politics. Free to Protest addresses the issue of public demonstrations, looking at the experiences of established democracies - EU Member States and the U.S. - and countries in transition. The approach of the book is to cover the problem not as a strictly legal one, but to combine the constitutional and human rights aspects with the historical, political, and philosophical dimensions.
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