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

  • Published In: Modern Law Review, 2023, v. 86, n. 4. P. 927 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Chow, Pok Yin S. 3 of 3

Abstract

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. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Modern Law Review. 2023/07, Vol. 86, Issue 4, p927
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:0026-7961
  • DOI:10.1111/1468-2230.12787
  • Accession Number:164284044
  • Copyright Statement:Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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