The change in judicial practice in cases concerning civil disobedience protests and its constitutional significance

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 ass...

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Bibliographic Details
Published inModern law review Vol. 86; no. 4; pp. 927 - 950
Main Author Chow, Pok Yin S.
Format Journal Article
LanguageEnglish
Published United Kingdom Wiley 01.07.2023
Blackwell Publishing Ltd
Subjects
Civil disobedience
Civil law
Constitutions
Courts
Democracy
Demonstrations & protests
Enactment
Freedom of expression
Human rights
Law and legislation
UNITED KINGDOM
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Summary: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.
Bibliography:MODERN LAW REVIEW, Vol. 86, No. 4, Aug 2023, 927-950
Informit, Melbourne (Vic)
Senior Lecturer, Newcastle Law School, University of Newcastle, Australia. I am grateful to the anonymous reviewers at the Modern Law Review for their immensely helpful comments. I also thank Urania Chiu, Linda Cho, Taige Hu, and Stephy Kwan Wing Yee for their research assistance. This project was funded by the Centre of Public Affairs and Law (Project reference: 9609002; CPAL‐RS‐01) at the City University of Hong Kong (CityU) while the author was an Assistant Professor there.
ISSN:0026-7961
1468-2230
DOI:10.1111/1468-2230.12787