Dealing with Demonstrations: The Law of Public Protest and its Enforcement
Dealing with Demonstrations: The Law of Public Protest and its Enforcement
by Roger Douglas
Hardcover 176 pgs.
Published: May 2004
ISBN: 1-86287-487-5
ISBN-13: 978-1-86287-487-9
$50.00

Dealing with Demonstrations: The Law of Public Protest and its Enforcement

This book explores the laws relating to political demonstrations including:
  • the degree to which laws impinging on demonstrations are subject to the implied constitutional freedoms enjoyed by other forms of political communications;
  • laws applicable to riots, unlawful assemblies, and peaceful demonstrations;
  • the "public order" offences with which demonstrators are usually charged although, on their face, they have nothing to do with the collective, communicative, or coercive aspects of the demonstration;
  • and police powers in relation to demonstrations.
Dealing with Demonstrations has been written with a view to assisting those with a direct interest in knowing the nature of "demonstration law," but it may also be read as a case study of the ambivalent relationships between liberal democratic governments and their adversaries. The book is comprehensive in its coverage and analyses relevant law in the Commonwealth and each of the Australian States and Territories.

Dealing with Demonstrations treats laws as reflecting not only the commitment of Australian governments to political liberalism, but also their unease about political conduct which poses even a symbolic threat to their legitimacy. Courts tolerate peaceful, communicative demonstrations but show considerable unease when demonstrations threaten "order." But, Douglas argues, laws and their enforcement reflect both what governments would like to achieve and what they can achieve; while laws constrain demonstrators, demonstrators are able to constrain governments.

Table of Contents

Preface
CHAPTER 1: The Ambiguity of Demonstrations
CHAPTER 2: The Legality of Demonstrations
CHAPTER 3: Public Order Offences
CHAPTER 4: Torts
CHAPTER 5: Powers to Control Demonstrations
CHAPTER 6: Conclusions
Table of Cases
Table of Statutes
Index

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