(Un)Governing Assembly:A Manifesto for Voluntary Notification

Hamilton, Michael (2024) (Un)Governing Assembly:A Manifesto for Voluntary Notification. In: The Oxford Handbook of Peaceful Assembly. Oxford University Press. ISBN 9780197674871

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Abstract

Legal requirements for organizing an assembly often require the submission of prior notification or an application for a permit. But why is the act of assembling with others—one foundational to social and political life (and generally constitutionally protected)—routinely subject to mandatory procedural regulation? This chapter explores why human rights law appears to have so readily conceded the legitimacy of these anticipatory forms of regulatory control. Echoing C. Edwin Baker’s clarion call to fundamentally ‘rethink the issue’, it presents a manifesto for jettisoning mandatory notification requirements in favour of voluntary schemes. Far from ushering in a chaotic system that would render the state incapable of satisfying its obligations to protect the different rights engaged, voluntary notification systems can achieve the purported gains of mandatory requirements while preserving the agency of the assembled people and helping restore some intelligibility to a muddled area of international human rights law.

Item Type:	Book Section
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	LivePure Connector
Date Deposited:	10 Dec 2024 01:14
Last Modified:	14 Dec 2024 01:11
URI:	https://ueaeprints.uea.ac.uk/id/eprint/97946
DOI:	10.1093/oxfordhb/9780197674871.013.41

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