Freedom of Assembly - Study of Swiss Constitutional Law

• NCJ Number: 88776
• Author(s): G Malinverni
• Date Published: 1981
• Length: 193 pages
• Sale Source: Librairie de L'universite Georg et Cie
• Language: French
• Country: Switzerland
• Note: Reports published by the Faculty of Law, University of Geneva Switzerland, N 68

Annotation

This thorough examination of the right of assembly, which is not specified in the Swiss constitution, weighs the legal bases for its exercise and its limitations in case of conflict with the interests of the State, and argues for legislative formulation of this fundamental civil liberty in a modern democratic society.

Abstract

The text defines the concept of assembly, its relationship to the right of free expression, and the nature of constitutional guarantees for human rights not specifically defined in the law. Next, the discussion analyzes the relationship of the individual to the State, and the primacy of the common interest over that of individual liberty. Existing laws are cited which implicate the freedom of assembly, such as regulations concerning the use of public property. The right of assembly is then discussed in relation to public order and the physical accommodations that must be made regarding traffic and other potential objective dangers of large public gatherings. Legitimate interventions by the police in case of public disorder are a central theme. Finally, a detailed outline is presented of the considerations to be made in formulating legislation that enables the exercise of the right of assembly, while ensuring maintenance of the peace and operations of the government under the principles of legality, proportionality, and equality. Footnotes and over 150 references are provided.