Abstract
Can one square the invariably raucous natures of demonstrations and gatherings, and the fundamental right to assembly, with the imposition of strict liability upon the organizers for any harm to person or damage to property caused by an assembly, demonstration and gathering? The South African Constitutional Court in Garvis1 suggests that one can. This article contends that a court cannot.
About the author
Stu Woolman
Professor of Law
Published Online: 2017-2-8
Published in Print: 2015-12-1
© 2017 by Walter de Gruyter Berlin/Boston
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Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party
Keywords for this article
Freedom of Assembly;
Constitutional Law;
Negligence;
Strict Liability
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party