영국의 중복집회 관련 입법례 및 판례 분석

Abstract

Britain has traditionally recognized the right to assembly and demonstration as one of the basic rights of its citizens, and there has been no written law. In 1998, while recognizing the domestic legal effect of the European Convention on Human Rights, the right to assembly was also accepted in society. However, there is a limitation that the statutory law does not regulate the overlapping assemblies which have various problems. Nevertheless, English courts present a legal judgment on the issue of overlapping assemblies based on the relevant provisions of the European Convention on Human Rights and the precedents of the European Court of Human Rights. Regardless of the order of notification of overlapping assemblies, it is judged first whether the substantive contents of the assemblies conform to the characteristics of the rights to be protected by the European Convention on Human Rights, and whether an assembly is worthy of protection as a 'peaceful assembly'. Even if intervention by state agencies is unavoidable, such interference must minimally violate the right to assembly, and must have a legal basis, a legitimate purpose, and a necessity for a democratic society. It is understood that, on the basis of these conditions, state bodies may prohibit or restrict overlapping gatherings. This tendency is interpreted as suggesting that multiple factors should be substantially evaluated for each case, rather than formally limiting the overlapping assemblies.