Question: The regular introduction of public order legislation and the inexorable increase in police powers over the last fifteen years means that all public protest has potentially become criminal activity. Discuss
Answer: The constitution of the United Kingdom is different to that of the majority of democratic sovereign nations in that it is un-written/codified and convention and common law whilst always secondary to statute have their place in defining the rules and regulations of British society. For example a breach of the peace is a common law crime dating back to time immemorial (certainly before 1980). There have been conflicting views over the years as to what constitutes a breach of the peace one view that was taken in R v Howell is that it was held that there was a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property. A breach of the peace was also defined as being where a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance....(short extract)
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- Subject: Law
- Course: Public Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 70%
- Words: 3002
- Date submitted: April 05, 2011
- Date written: March, 2008
- References: Yes
- Document type: Essay*
- Essay ID: 3666
