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1. Apart from Article 11, how else are the rights to political action outside Parliament guaranteed?
Article 10 protects rights to political expression (broadly conceived) and Article 3 of the First Protocol guarantees a right to vote, to stand in elections and to take a seat in the legislature if elected.
2. Article 11 protects ‘peaceful’ assembly—what does the word ‘peaceful’ mean in this context?
In particular it means an assembly in which the organisers and the applicant do not have violent intentions. Peaceful can include demonstrations which interfere with the rights of others (e.g. over the use of the highway) – this is a matter over which the authorities are required to display a degree of tolerance.
3. What does ‘prescribed by law’ mean in the context of Article 11? Give two cases in which it has been discussed.
Any interference by public authorities must have a legal basis in domestic law and, importantly, this legal basis must meet the Convention standard of being accessible, foreseeable and non-arbitrary. In the context of political demonstrations it may be necessary to give the police a degree of discretion. Two cases in which the matter is contrasted are Steel v UK and Hashman v UK.
4. Identify the main common law powers of the police in the context of UK demonstrations.
The main power under common law reflects the duty the police have to take reasonable steps to maintain the peace; this includes the duty to take reasonable steps to prevent an anticipated, imminent, breach of the peace.
5. Identify the main statutory powers of the police in the context of UK demonstrations.
These are found mainly in the Public Order Act 1986, sections 12-14A. Note also some crimes and arrest powers in the Criminal Justice and Public Order Act 1993.
6. What was the reasoning in Ahmed v United Kingdom (section 18.9) and do you think it failed to give proper protection to ordinary local government workers wishing to take part in political activities?
This referred to the provision in Article 11 which allows restrictions to political (and other) association to be imposed on workers in the public service. The justification is the need for apparent political impartiality of public servants. The measure allows states to have wide ranging restrictions on civil servants and others. There is no counter-vailing right to political action in itself (though there is a qualifiable right to vote, stand and take a seat in the legislature which is found in Article 3 of the First Protocol; this right is applied consistently with Article 11).