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Journal articles on the topic 'Freedom of association'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Boyd, Richard. "THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION." Social Philosophy and Policy 25, no. 2 (June 2, 2008): 235–62. http://dx.doi.org/10.1017/s0265052508080254.

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Freedom of association holds an uneasy place in the pantheon of liberal freedoms. Whereas freedom of association and the abundant plurality of groups that accompany it have been embraced by modern and contemporary liberals, this was not always the case. Unlike more canonical freedoms of speech, press, property, petition, assembly, and religious conscience, the freedom of association was rarely extolled by classical liberal thinkers in the seventeenth and eighteenth centuries. Indeed Thomas Hobbes, David Hume, Adam Smith, and others seem to have regarded freedom of association with some trepidation because of the violent, irrational, and factional behavior of groups. This chapter illuminates these anti-associational assumptions in the writings of James Madison. Although Madison famously deplored political associations as sources of faction and civil dissension, he differed from other members of the Founding generation in his willingness to defend associational freedom. Madison's writings also shed light on the unenumerated status of the freedom of association in American constitutional law.

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2

Fleszer, Dorota. "Freedom of association." Roczniki Administracji i Prawa 2, no. XIX (December 31, 2019): 19–34. http://dx.doi.org/10.5604/01.3001.0014.0425.

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Everyone is guaranteed freedom of association. Its characteristic feature is that it is the source of a number of subjective rights. These include, in particular, the freedom to join existing associations, the freedom of unhampered association, the freedom of organization and the activities of associations. The essence of freedom of association is therefore the right to self-organize citizens, which is a possibility for the functioning of civil society.

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3

Tann, Boravin. "The Implications of the NGO Law on the Right to Freedom of Association of Human Rights Defenders in Cambodia." Journal of Southeast Asian Human Rights 4, no. 1 (June 27, 2020): 200. http://dx.doi.org/10.19184/jseahr.v4i1.13397.

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The right to freedom of association is of particular importance for human rights defenders. Freedom of association is an indispensable agent for human rights change that permits human rights defenders to maintain their civic space and pursue their mission in promoting and protecting rights and fundamental freedoms in a democratic society. In the current legal and political climate, human rights defenders face increasing challenges in the exercise of their freedom of association and other nexus rights vis-à-vis fulfilling their mission to advocate for other peoples’ rights. The Law on Associations and Non-Government Organizations, also known as LANGO, marks a significant turning point for the de jure and de facto exercise of the freedom of association, in particular for the most vocal and active human rights defenders and human rights organizations in Cambodia. This article first explores core elements, limitations and state obligations concerning the right to freedom of association provided by the international human rights treaties that Cambodia has ratified. It further examines key provisions of LANGO regarding the right to freedom of association of human rights defenders. It highlights that LANGO presents a critical challenge to the freedom of association due to its fundamental flaws, ambiguities and inconsistencies concerning its provisions on establishment, operation and suspension or dissolution of associations. This article concludes that LANGO offers extensive regulatory guidelines for all associations and NGOs in Cambodia; yet it also trigger concerns not due to the details, but the lack thereof which could undermine the promotion and protection of the right to freedom of association and other universally recognized human rights and fundamental freedoms in Cambodia as a whole.

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4

Dekhanov, S. A. "Freedom of association (associations) as the dominant organizational and legal forms of legal entities." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 54–61. http://dx.doi.org/10.17803/2311-5998.2020.75.11.054-061.

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The article is devoted to the study of freedom of Association as a variety of political freedoms and the infl uence of the constitutional and legal method of securing freedom of Association (associations) on the organizational and legal forms of legal entities. The author consistently analyzes the French, German and British models of freedom of Association and gives examples of the infl uence of these models on other countries. Freedom of Association has a constitutional and legal form of consolidation in the Russian Federation, which receives the necessary specifi cation in civil legislation by constructing such organizational and legal forms as Association and Union. The author comes to the conclusion that in Russian law, an Association is a constitutional legal institution, while an Association and a Union are civil law institutions. In accordance with paragraph 18 of article 22 of the Federal law “on advocacy in the Russian Federation” and article 23 of the law on relations arising in connection with the establishment, operation and liquidation of the bar Association and law offi ces. The article focuses on the essence of a legal entity and a Corporation. The author believes that the legal structure (concept) of the Corporation originates from the activities of legists and canonists. The corporatist concept of legists covered any legal entities that did not coincide with a natural (natural) person. According to the author, the real turning point in the study of the nature of a legal entity occurred in connection with the activities of F. Savigny and his followers: B. Windscheid and G. Pukhta. The legal entity was also studied by R. Iering, I. Blunchli, O. Gierke and outstanding Russian scientists G. F. Shershenevich, N. M. Korkunov and others. Freedom of Association (associations), French, German, British model of freedom of Association (associations), Constitution, Corporation, ideal goal, business companies, non-profit partnership, bar Association, law office.

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5

FITZPATRICK, BARRY, and BILL REES. "FREEDOM OF ASSOCIATION." Industrial Law Journal 16, no. 1 (1987): 201–3. http://dx.doi.org/10.1093/ilj/16.1.201.

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6

FREDMAN, SANDRA, and GILLIAN MORRIS. "FREEDOM OF ASSOCIATION." Industrial Law Journal 17, no. 1 (1988): 105–8. http://dx.doi.org/10.1093/ilj/17.1.105.

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7

Nemtoi, Gabriela. "Freedom of Association versus Freedom of Assembly." European Journal of Law and Public Administration 9, no. 1 (June 25, 2022): 01–12. http://dx.doi.org/10.18662/eljpa/9.1/165.

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Freedom of assembly occupies an “eminent place” in the system of international acts aimed at the protection of human rights. In this sense, we mention that freedom of association and freedom of assembly are instruments of expression, of collective opinion and as such, due to their role in the existence and development of a democratic society, they assign a central place in establishing the democratic framework of state governance. Freedom of association and freedom of assembly outline the essence of democracy which resides in its ability to resolve issues through public debate. The protection of freedom of assembly targets precisely this exchange of ideas and the collective manifestations of social and political activity. Freedom of assembly covers both private and public assemblies. In this sense, states have a positive obligation to protect those who exercise this freedom against the violence of counter-demonstrators. For this purpose, the states have a wide margin of appreciation of the necessary measures.

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8

Lægaard, Sune. "Territorial Rights, Political Association, and Immigration." Journal of Moral Philosophy 10, no. 5 (2013): 645–70. http://dx.doi.org/10.1163/17455243-4681011.

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Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom.

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9

NOVITZ, T. "Negative Freedom of Association." Industrial Law Journal 26, no. 1 (March 1, 1997): 79–87. http://dx.doi.org/10.1093/ilj/26.1.79.

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10

Kijańska, Klaudia. "Fellowship of a child in associations under the provisions of the act on associations." Gubernaculum et Administratio 26, no. 2 (2022): 175–84. http://dx.doi.org/10.16926/gea.2022.02.12.

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The article in question refers to the issue related to the participation of minors in associations as one of the forms of implementing the freedom of association of children. Pursuant to the provisions of the Basic Law and acts of international rank, every human being has been granted the freedom of association. This freedom is clarified directly in statutory provisions, which include, inter alia, the Law on Associations. Regulations contained in special provisions contain conditions that must be met in order for a minor to belong to a specific associating organization. Therefore, the basic regulations that clarify the legal situation of the child were indicated, in particular, the restrictions that persons remaining under parental authority have to join the association were presented. The membership criteria for a foreign child were also indicated.

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11

Khullar, Ritu, and Vanessa Cosco. "The SCC Reimagines Freedom of Association in 2015." Constitutional Forum / Forum constitutionnel 25, no. 2 (October 11, 2016): 27. http://dx.doi.org/10.21991/c96h34.

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After reviewing the evolution of the Court’s approach to freedom of association (though excluding the Court’s discussion of the corollary freedom not to associate), this paper reviews the Supreme Court of Canada’s 2015 cases on freedom of association, also known as the 2015 Labour Trilogy, and discusses their implications: Mounted Police Association of Ontario v Canada (AG) addressing the right to join a union; Meredith v Canada (AG) addressing legislation overriding predetermined wage increases; and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike.The paper then discusses how the 2015 Labour Trilogy reinvigorated the values underlying the Canadian Charter of Rights and Freedoms and how it applies to strikes not directly relative to collective bargaining.

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12

Bilash, Oleksandr. "The Law of Associations in Ukraine in the Absence of Systematized Legislation." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 2 (December 29, 2023): 7–25. http://dx.doi.org/10.32084/tkp.8115.

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The article is devoted to the issues of legal regulation of citizen associations in Ukraine since the content itself and structure of the right to “freedom of association” at the level of the Constitution are not detailed. At the same time, legal regulation at the level of laws also introduces ambiguity into the conceptual apparatus and leads to the conclusion that legal regulation in this area is not systematized. The article examines the constitutional provisions of the right to freedom of association in political parties and public organizations to exercise and protect one’s rights and freedoms and satisfy political, economic, social, cultural, and other interests, and analyzes the term “association” in the legislation of Ukraine. Features, which are common to all associations of citizens are highlighted, such as the voluntary nature of the association; the presence of specific intangible, but legally permitted goals; self-organization and self-regulation; and lack of authoritative powers in citizens’ associations. The article proposes to include creative unions, religious organizations, and the association of condominiums to the three types of associations foreseen by the Constitution: political parties, public organizations, and trade unions.

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13

Presser, Stephen B. "FREEDOM OF ASSOCIATION IN HISTORICAL PERSPECTIVE." Social Philosophy and Policy 25, no. 2 (June 2, 2008): 157–81. http://dx.doi.org/10.1017/s0265052508080229.

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This paper seeks to examine two conflicting strands in the United States Supreme Court's treatment of “freedom of association,” by exploring some aspects of the historical development of the doctrine. It suggests that there are two conceptions of “freedom of association,” an older, traditional one, that eschews forcing odious contact on members of associations, and a newer one which privileges antidiscrimination doctrines over “freedom from association.” These two conceptions still exist on the Court, resulting in irreconcilable decisions such as those permitting the Boy Scouts to exclude gay scoutmasters, but forcing the Jaycees to accept women. The preference of one conception over the other is also evident in the work of different scholars, whose doctrinal approaches are similarly irreconcilable. The Supreme Court has explained the discontinuities in the doctrine by seeking to characterize it in terms of the First Amendment's “freedom of speech” clause, but the paper argues that it makes more sense, in the context of these two cases, to regard them as related to the First Amendment's “freedom of religion” clauses.

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14

Gołaś, Jakub. "Military Unionism from the Perspective of International Law: Between National Security and Freedom of Association." International Journal of Comparative Labour Law and Industrial Relations 38, Issue 3 (September 1, 2022): 299–330. http://dx.doi.org/10.54648/ijcl2022014.

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This article conducts a critical analysis of the issue of the access of military personnel to the legal guarantees of the freedom to associate in trade unions from the perspective of international legal standards. Despite the consistently freedom-oriented evolution of international standards which have become applicable to union freedoms in recent decades, many states still uphold sweeping statutory bans on the unionization of military personnel. The potential engagement of members of the armed forces in any union activity is a contentious issue suspended between the requirement to protect the very essence of the freedom of association (FoA), the practices and traditions established in many states, and the need to maintain the effective security of the state against external threats. The analysis considers the evolution of perspectives presented by competent international supervisory and interpretative bodies which have substantially revised their views in recent years on the extent of necessary legal guarantees and acceptable restrictions on freedom of association with respect to military personnel. The analysis leads to the conclusion that a complete and absolute statutory ban on the unionization of military personnel may be incompatible with current international standards. The absolute requirement to respect the fundamental essence of freedom of association as an unquestionable and universal standard of human rights means that national legislators should guarantee military personnel at least the minimum level of freedom to associate in trade unions. Military Unionism, Freedom of Association, National Security, International Law, Human Rights, Members Of Armed Forces, Trade Union Freedoms, International law

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15

Sarat, Austin. "Freedom of Association. Amy Gutmann." Journal of Politics 61, no. 4 (November 1999): 1212–14. http://dx.doi.org/10.2307/2647580.

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16

Hawkins, Deborah. "Tolerance and Freedom of Association." Social Theory and Practice 30, no. 4 (2004): 589–98. http://dx.doi.org/10.5840/soctheorpract200430428.

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17

Wellman, Christopher Heath. "Immigration and Freedom of Association." Ethics 119, no. 1 (October 2008): 109–41. http://dx.doi.org/10.1086/592311.

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18

Milinković, Igor. "Freedom of association of judges in Bosnia and Herzegovina." Zbornik radova Pravnog fakulteta Nis 61, no. 96 (2022): 123–43. http://dx.doi.org/10.5937/zrpfn1-40478.

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Freedom of association is one of the fundamental freedoms and is considered one of the necessary elements of a free society. Isolated from other members of the community, an individual would have little chance of successfully resisting the arbitrariness of the ruler, or fighting for social changes that he deems justified. Although judges are also entitled to this right, the very nature of the judicial office may call for establishing certain restrictions on the exercise of this right in order to protect the dignity of the judicial office and public confidence in the independence and impartiality of the judiciary. The first part of the paper focuses on the importance of exercising the freedom of association of judicial office holders. Special attention will be drawn to the role that professional associations of judges play in preserving the independence of the judiciary and improving its position, as well as protecting the rule of law and a democratic order. After referring to relevant provisions of international documents and the case law of the European Court of Human Rights, the author analyzes the restrictions on the freedom of association of judges adopted in various national legislations. Special attention will be given to the justifiability of prohibiting judges from joining political parties, and the dilemmas arising from the membership of judges in secret societies, i.e. other organizations operating on similar grounds. The second part of the paper focuses on the legal framework of the freedom of association of judges in Bosnia and Herzegovina and the justifiability of restrictions imposed on the exercise of this right.

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19

Ganbarov, Dashgin. "Forms of Stating the Right to Freedom of Association in International Regulatory Acts." Khazar Journal of Humanities and Social Sciences 21, no. 2 (July 2018): 92–103. http://dx.doi.org/10.5782/2223-2621.2018.21.2.92.

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The protection of freedom of association can be acknowledged as the protection of fundamental human rights. The enforcement of freedom of association is the indicator of the protection of human rights in general. In modern times, the enforcement of freedom of association means the observance of democratic principles. It should be taking into consideration that mechanisms of the protection of human rights emerged actively after the World War II. Actually, the legal basis for the protection of human rights was for the first time reflected in the UN Charter. The reason, why the UN pays special attention to the protection of human rights, was explained in the preamble of the charter of the organization. International regulatory basis of freedom of association deserves attention for its thoroughness. Numerous conventions of non-regulatory nature or with full legal force ensure effective regulation of freedom of association. The existing international legal standards or acts clearly prescribe everyone’s right to freedom of association and belong to any existing associations to achieve their goals. Different efficient mechanisms have been developed to prevent violation of these rights.

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20

Grand, Jérôme. "The Political Value of Social Association." Ethics, Politics & Society 5, no. 1 (April 13, 2022): 93–124. http://dx.doi.org/10.21814/eps.5.1.170.

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This study focuses on the paradigmatic category of social association to question the general treatment of freedom of association in theories of justice. Social associations are organised, voluntary, and secondary associations that do not have any particular economic or political function and are not related to any external authority. This category is deployed to re-examine the relationship between freedom of association and the two moral powers. I support the argument that freedom of social association is not only an institutional condition for conscience, as stated by Rawls, but also has an evident direct connection with both moral powers, because they enable individuals to lead a life that they collectively affirm to be reasonable and valuable and develop a sense of value and confidence in their own abilities. This is the fundamental associative interest we have in self-respect, which has been rendered philosophically invisible in political liberalism by the category of non-political association.

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21

Oladiti, Abiodun Akeem. "The state, sectarian violence, and freedom of association in a secular context: the case of the Islamic Movement of Nigeria." Studia z Prawa Wyznaniowego 21 (December 18, 2018): 271–300. http://dx.doi.org/10.31743/spw.185.

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This paper examines the interrelationship between the State, freedom of association and sectarian violence among faith communities in Nigeria. It specifically discusses the role of the State in maintaining peace, and the government’s official response to sectarian violence among religious associations. In modern African states, sectarian violence has been prevalent and deadly among religious group movements. It is deployed as the most preferred means of attracting recognition, affirming feasibility and proclaiming existence among other religious associations in the State. This trend is associated with the Islamic Movement of Nigeria. It is against this background that this paper historicises sectarian violence, the myth and reality of religious freedom, the interrelationship between religious freedom, the State and secularism in Nigeria while discussing the constitutional provisions of religious freedom and religious associations in Nigeria. The paper concludes that religious freedom and freedom of association are integral features of the Nigerian Constitution and, therefore, all religious associations are permitted to live in peaceful coexistence.

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22

Choko, Maude. "The Dialogue between Canada and the ILO on Freedom of Association: What Remains after Fraser?" International Journal of Comparative Labour Law and Industrial Relations 28, Issue 4 (January 21, 2012): 397–419. http://dx.doi.org/10.54648/ijcl2012022.

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The Canadian Charter of Rights and Freedoms was adopted in 1982, providing protection for freedom of association in Canada. However, in spite of Canada's membership of the International Labour Organization (ILO), the early interpretations of the Charter by the Supreme Court of Canada (SCC) resulted in a failure to comply with its international obligations on freedom of association, since the right to strike and to collective bargaining were excluded from the protection of the Charter. After a period of two decades during which the initial interpretation was applied, the issue of the scope of protection granted to freedom of association by the Canadian Charter arose once again. This resulted in important case law rulings upholding constitutional protection of the 'right to the process to collective bargaining' with an impact on the dialogue on freedom of association between Canada and the ILO. The present paper examines the most recent decision of the SCC on this issue, Fraser, in connection with the dialogue between Canada and the ILO. This decision limits the constitutional protection granted to the right to the process to collective bargaining. More precisely, the paper evaluates the impact of Fraser on the dialogue and on future compliance by Canada with its international obligations relating to freedom of association.

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23

Bernstein, David E. "EXPRESSIVE ASSOCIATION AFTER DALE." Social Philosophy and Policy 21, no. 2 (June 4, 2004): 195–214. http://dx.doi.org/10.1017/s0265052504212080.

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The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. Freedom of speech would be of little practical consequence if the government could suppress ideas by bluntly prohibiting individuals from gathering with others who share their perspective. Freedom of expression must consist of more than the right to talk to oneself.

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24

Bedi, Sonu. "Expressive Exclusion: A Defense." Journal of Moral Philosophy 7, no. 4 (2010): 427–40. http://dx.doi.org/10.1163/174552410x535062.

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AbstractCentral to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy.

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25

Hegele, Robert A. "SNP Judgments and Freedom of Association." Arteriosclerosis, Thrombosis, and Vascular Biology 22, no. 7 (July 2002): 1058–61. http://dx.doi.org/10.1161/01.atv.0000026801.56080.14.

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26

Molatlhegi, B. "Workers' freedom of association in Botswana." Journal of African Law 42, no. 1 (1998): 64–79. http://dx.doi.org/10.1017/s0021855300010494.

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The year 1992 saw significant reforms to the Botswana labour law and industrial relations system. Before then, as was the case elsewhere in Africa, the Botswana government had adopted highly interventionist policies with respect to industrial relations. The changes introduced in 1992 were aimed at shifting labour relations to the market place. State intervention, though not completely eliminated, has been greatly reduced as a result. The changes in labour law and the industrial relations system have brought to the fore the debate about the nature, content and extent of workers' freedom of association in the country. The changes mean that more than ever before collective bargaining will play a significant role in the determination of wages, terms and conditions of employment.

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27

Thorpe, Mindy, and Jim McDonald. "Freedom of Association and Union Membership." Labour & Industry: a journal of the social and economic relations of work 9, no. 2 (December 1998): 23–42. http://dx.doi.org/10.1080/10301763.1998.10669191.

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28

Ji-Ung Park. "Freedom, Individual and Association in the Association of Free Individuals." MARXISM 21 10, no. 1 (February 2013): 214–39. http://dx.doi.org/10.26587/marx.10.1.201302.007.

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29

Contreras, Jorge. "Association for Molecular Pathology v. Myriad Genetics: A Critical Reassessment." Michigan Technology Law Review, no. 27.1 (2021): 1. http://dx.doi.org/10.36645/mtlr.27.1.association.

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The Supreme Court’s 2013 decision in Association for Molecular Pathology v. Myriad Genetics is an essential piece of the Court’s recent quartet of patent eligibility decisions, which also includes Bilski v. Kappos, Mayo v. Prometheus, and Alice v. CLS Bank. Each of these decisions has significantly shaped the contours of patent eligibility under Section 101 of the Patent Act in ways that have been both applauded and criticized. The Myriad case, however, was significant beyond its impact on Section 101 jurisprudence. It was seen, and litigated, as a case impacting patient rights, access to healthcare, scientific freedom, and human dignity. In this article, I offer a close textual analysis of the Myriad decision and respond to both its critics and supporters. I then situate Myriad within the larger context of biotechnology patenting, the commercialization of academic research, and the U.S. healthcare system. In this regard, the failure of public institutions and governmental agencies to constrain the private exploitation of publicly-funded innovations contributed as much to the healthcare access disparities highlighted by the case as the overly broad protection afforded by the Patent and Trademark Office to genetic inventions. I conclude with observations about the ways that cases like Myriad exemplify the manner in which the common law evolves, particularly in areas of rapid technological change.

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30

Chandrachud, D. Y. "Constitutional and Administrative Law in India*." International Journal of Legal Information 36, no. 2 (2008): 332–37. http://dx.doi.org/10.1017/s0731126500003097.

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The Indian constitution contains in Part III, a Chapter on fundamental rights. The fundamental rights cover a broad spectrum, including•the right to life and personal liberty;•the right to equality and equal protection;•freedom of conscience;•the right to profess, practice and propagate religion;•freedom of association and assembly,•free movement within the territory of India, and•freedom to practice a profession, trade or business.The fundamental rights are not absolute because the freedoms that are recognized by Article 19 are subject to reasonable restrictions in a variety of contexts.

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31

Darvish, Hamid. "Intellectual Freedom and Libraries: A Quantitative Discourse Analysis." Bilgi Dünyası 11, no. 2 (October 31, 2010): 444–49. http://dx.doi.org/10.15612/bd.2010.245.

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United Nation published Human Rights Declaration in 1948. The most important part of the Human Right Declaration is that, everyone has the right to search and receive information at any time. To this respect, libraries play a significant task in disseminating information (Knowledge) to each individual. An exploratory approach is applied to selected discourses from organizations such as IFLA (International Federation of Library Associations and Institutions), ALA (American Library Association) and TLA (Turkish Librarians’ Association) to find out if there is a coherent relation among texts, by applying Latent Semantic Analysis (LSA) technique. Results yield that there existed a positive relation among discourses.

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32

Harcourt, Mark, and Helen Lam. "Freedom of Association, Freedom of Contract, and the Right-to-Work Debate." Employee Responsibilities and Rights Journal 18, no. 4 (November 15, 2006): 249–66. http://dx.doi.org/10.1007/s10672-006-9022-y.

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33

Wedderburn, Lord. "Freedom of association or right to organise?" Industrial Relations Journal 18, no. 4 (December 1987): 244–54. http://dx.doi.org/10.1111/j.1468-2338.1987.tb00906.x.

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34

Fine, Sarah. "Freedom of Association Is Not the Answer." Ethics 120, no. 2 (January 2010): 338–56. http://dx.doi.org/10.1086/649626.

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35

Moles, Andres. "The Public Ecology of Freedom of Association." Res Publica 20, no. 1 (July 18, 2013): 85–103. http://dx.doi.org/10.1007/s11158-013-9222-x.

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36

Christian, Timothy J. "FREEDOM OF ASSOCIATION - LABOUR STRIKES OUT AGAIN." Constitutional Forum / Forum constitutionnel 2, no. 1 - 4 (October 11, 2011): 1990. http://dx.doi.org/10.21991/c9k66k.

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37

Kubas, Ewa. "PUBLIC COLLECTIONS AND THE FREEDOM OF ASSOCIATION." Roczniki Administracji i Prawa 3, no. XXIII (September 30, 2023): 19–29. http://dx.doi.org/10.5604/01.3001.0053.9509.

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In the provisions of the Constitution of the Republic of Poland, the legislator did not refer to the principles and organization of public collections. These issues were regulated in detail, first in the Act of March 15, 1933 on public collections, and then in the currently applicable Act of March 14, 2014 on the principles of conducting public collection. However, it should be emphasized that the possibility of organizing and carrying out public collections results from the freedom of association mentioned in the Constitution, because every association that wants to achieve its goals effectively must obtain funds that make it possible.

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38

Kosi, Tanja, and Štefan Bojnec. "INSTITUTIONAL BARRIERS TO BUSINESS ENTRY IN ADVANCED ECONOMIES." Journal of Business Economics and Management 14, no. 2 (May 7, 2013): 317–29. http://dx.doi.org/10.3846/16111699.2011.633348.

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The paper empirically examines the impact of freedom from regulation in different institutional areas on business entry rate in 10 Organisation for Economic Co-operation and Development countries over the period 1995–2007. Employing the feasible generalized least squares econometric approach, it discloses a positive association between business entry and the overall institutional freedom. Economic freedom in different institutional areas, however, does not appear to have the same importance for business entry. Institutional freedoms that are the most beneficial for business creation are product market freedom, property rights freedom, and freedom from corruption. This implies that simple and inexpensive administration procedures, competitive product markets, and transparent and effective legal/judicial system help promote business creation. Business entry is also positively associated with macroeconomic prosperity in terms of employment growth and the development of information and communication technology industry.

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Shepitko, Mykhaylo. "Criminal And Legal Investigation Of Violation Of The Right To Assembly And Association Freedom." Archives of Criminology and Forensic Sciences 6, no. 2 (November 26, 2022): 78–84. http://dx.doi.org/10.32353/acfs.6.2022.06.

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Scientific article is devoted to the issues of ensuring and implementing the right to freedom of assembly through the prism of criminal law research. It has been established that this issue has an international and national level. The Council of Europe Convention on Protection of Rights and Fundamental Freedoms and the practice of European Court of Human Rights provide opportunity to expand interpretation of the right to assembly freedom. In the criminal law sense, the right to freedom of assembly is ensured by Art. 340 of the Criminal Code of Ukraine: Illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations. Separate norms of the Special Part of the Criminal Code of Ukraine legally limit this right. Legal restrictions are contained in the Constitution and Laws of Ukraine. In wartime, this right is subject to limitation, but a reasonable balance of such limitation, obeying foundations of national security, peace, human security, and international legal order, remains important.

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Milani, Geoffrey, and Elizabeth Handsley. "Finding the Foothold: Freedom of Political Association in the Australian Constitution." Federal Law Review 47, no. 2 (April 1, 2019): 306–30. http://dx.doi.org/10.1177/0067205x19831805.

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The High Court has not definitively explained the legal status of the constitutionally implied freedom of political association since its existence was first raised in 1992. Tajjour v New South Wales affirmed the majority view that any constitutional protection enjoyed by political association is derived from the freedom of political communication; or, in the words of the Court, a ‘corollary to’ that freedom. In this article, we argue that the High Court should acknowledge the freedom of political association as a free-standing freedom rather than a corollary of political communication. The reasoning that gave rise to the implied freedom of political communication can also be applied to political association. The Court’s approach to the implication of freedom of communication, of building on the text of ss 7, 24 and 128 of the Constitution and the structures they establish, does not appear to be at odds with the implication of freedom of association. Consequently, we argue the Court has erred in favouring the corollary form of political association (pt IV). The corollary freedom has not been justified and appears either entirely unnecessary (being subsumed by political communication) or overly subjective in application. By contrast, the free-standing freedom could adopt the well-established Lange test of validity with only minor adjustments and therefore represent only a modest development of existing jurisprudence.

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Osaulenko, S. V. "POLITICAL PARTIES AND FREEDOM OF ASSOSIATION." Знання європейського права, no. 5 (December 22, 2021): 28–31. http://dx.doi.org/10.32837/chern.v0i5.274.

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The content of the constitutional right to freedom of association in political parties in Ukraine is one of the elementsof this subjective right. Traditionally, the structure of any subjective right is analyzed in the composition of the subjectsof this right, its object (objects), as well as the content, and constitutional subjective rights are not an exception to thisrule. It should be emphasized that this approach is fully justified and should be followed. In studying the content of theconstitutional right to freedom of association in political parties in Ukraine, the question of distinguishing between theconcepts of “union” and “association” arises.The relevance of the research topic is that European integration processes are currently underway in Ukraine,which provide for the harmonization of national legislation with human rights standards adopted in the EU. It is withinthese processes that the author analyzes and substantiates the need to move to a wider application of the concept of"association" in national legislation and Ukrainian legal literature.So far, experts in constitutional law have not analyzed the issue of distinguishing between the concepts of “union”and “association” in the context of the study of the right to freedom of association in political parties in Ukraine. Inthis regard, in writing the article used works devoted mainly to general issues of the theory of state and law (primarilythe development of professors Krestovskaya, Matveeva), as well as general issues of constitutional law in terms ofsubjective rights (primarily developed by professors Shapoval, Mishyna). We should also take into the account thedissertation for the degree of Candidate of Law, devoted to the constitutional right to unite in political parties, that wassubmitted by A.M. Moiseev on the materials of foreign law and case law.The author argues that the need to distinguish between the concepts of “union” and “association” in relation to theconstitutional right to freedom of association in political parties in Ukraine.The author recommends to abandon the use of the concept of “association of citizens” in favor of the concept of“association” in Art. 36-37 of the Constitution of Ukraine and bring other laws and bylaws in line with the Constitutionof Ukraine, first of all – the Law “On Political Parties in Ukraine”, where in Art. 2 “The concept of a political party”gives this definition. Prospects for further research are to use the same thesaurus used by foreign scholars working inEU countries when studying the right to freedom of association in political parties in Ukraine

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Connolly-Ahern, Colleen, and Guy J. Golan. "Press Freedom and Religion: Measuring the Association Between Press Freedom and Religious Composition." Journal of Media and Religion 6, no. 1 (June 22, 2007): 63–76. http://dx.doi.org/10.1080/15348420701338526.

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Robie, David. "Freedom of speech." Pacific Journalism Review : Te Koakoa 8, no. 1 (June 1, 2002): 105–19. http://dx.doi.org/10.24135/pjr.v8i1.734.

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In spite of the hot air about governments pressuring the media in Pacific countries—and this does happen all too frequently—I believe a greater threat to press freedom comes from a small clique of media veterans, many of whom are of palagi origin, who have disproportionate influence. [Keynote address at the inaugural Pacific Islands Media Association (PIMA) conference in Auckland, 5-6 October 2001.]

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Langille, Brian. "The Freedom of Association Mess: How We Got into It and How We Can Get out of It." McGill Law Journal 54, no. 1 (October 1, 2009): 177–212. http://dx.doi.org/10.7202/038181ar.

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Abstract Canadian constitutional law regarding freedom of association for workers is a mess. The jurisprudence to date has taken an approach to state action and positive obligations to legislate which is inconsistent with section 15, and has failed to articulate the relationship between the abstract statement of basic rights or freedoms and the detailed statutes and regulations that instantiate and enforce them. This paper focuses on the impact of the recent decision of the Supreme Court of Canada in BC Health. The author argues that this case misunderstood Canada’s labour law history, international labour law obligations, “Charter values”, and the distinction between “freedoms” and “rights”. This paper argues that by using labour relations statutes as a starting point and applying the constitutional idea of equality, courts can protect freedom of association for workers and find a way out of the mess we are in.

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Lesch, Ann Mosely. "Promoting Academic Freedom: Risks and Responsibilities (1995 MESA Presidential Address)." Middle East Studies Association Bulletin 30, no. 1 (July 1996): 1–9. http://dx.doi.org/10.1017/s0026318400032971.

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As we gather for our annual conference that is held this year on the eve of International Human Rights Day, it is appropriate for us to reflect on our need to protect academic freedom. As members of MESA, we are part of a global community of scholars. We have a special responsibility to uphold the principle of academic freedom both at home and abroad. The freedoms to conduct research, to teach and to communicate are fundamental to our professional lives. Moreover, we—as academicians—have a special “obligation to promote conditions of free inquiry and to further public understanding of academic freedom,” as the American Association of University Professors (1966) emphasizes.

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Milman-Sivan, Faina. "Freedom of Association as a Core Labor Right and the ILO: Toward a Normative Framework." Law & Ethics of Human Rights 3, no. 2 (July 1, 2009): 110–53. http://dx.doi.org/10.2202/1938-2545.1034.

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Freedom of association operates as an organizational "meta-norm," appreciated both as an independent value and as a touchstone for the institutional design of the International Labour Organization (ILO). Despite the renewed interest of the ILO in various aspects of the norm, its understanding of freedom of association lacks a comprehensive normative framework. This article presents such a conceptual framework and a critical in-depth analysis of current ILO freedom of association jurisprudence. Freedom of association should be understood in terms of equitable dialogue (ED), a term offered and developed herein, as an understanding that is already partly embedded in ILO jurisprudence.

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Reda-Ciszewska, Anna. "WOLNOŚĆ KOALICJI ZWIĄZKOWEJ PRACOWNIKÓW NIETYPOWYCH, OSóB ZATRUDNIONYCH NA PODSTAWIE UMÓW CYWILNOPRAWNYCH I SAMOZATRUDNIONYCH." Zeszyty Prawnicze 13, no. 4 (December 11, 2016): 127. http://dx.doi.org/10.21697/zp.2013.13.4.06.

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FREEDOM OF ASSOCIATION OF ATYPICAL EMPLOYEES, PERSONS EMPLOYED ON THE GROUNDS OF CIVIL CONTRACTS, AND THE SELF-EMPLOYED Summary This article discusses the freedom of association of atypical employees, persons employed on the grounds of civil law contracts, and the selfemployed. Polish law guarantees the right of association to employees on the grounds of its labour law (kodeks pracy). However, the International Labour Organisation Convention denies the right of association to members of the armed forces, police, and public administration. In 2011 a complaint was submitted to the Committee on Freedom of Association, which has drawn up recommendations for Polish law. The author analyses the solutions of Polish law in the context of the Committee’s recommendations on freedom of association for atypical employees, persons employed on a civil law contract, and the self-employed.

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Omara, Andy, Kristina Viri, and Faiz Rahman. "Why Did the Adoption of Constitutional Deferral Lead to Unintended Consequences of Freedom of Association in Indonesia?" Sriwijaya Law Review 8, no. 1 (January 31, 2024): 60. http://dx.doi.org/10.28946/slrev.vol8.iss1.2148.pp60-78.

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A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom.

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Whittington, Keith E. "INDUSTRIAL SABOTEURS, REPUTED THIEVES, COMMUNISTS, AND THE FREEDOM OF ASSOCIATION." Social Philosophy and Policy 25, no. 2 (June 2, 2008): 76–91. http://dx.doi.org/10.1017/s0265052508080199.

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The idea of a constitutional freedom of association was embraced by the U.S. Supreme Court in the mid-twentieth century as implicit in the First Amendment. Although initially endorsed by the Court as a fundamental freedom that was necessarily entwined with the freedom of speech when confronted with cases in the 1930s and 1940s of local government officials cracking down on speakers and assemblies discussing strikes and labor unions, the justices were far more divided and skeptical of freedom of association claims in cases from the mid-1940s through the early 1960s when state and national government officials were pursuing a variety of anticommunist measures. This article examines the early jurisprudential development of the constitutional freedom of association and its grounding in the First Amendment, and suggests some of the limits that the notion always carried with it. Politics and jurisprudence combined to limit its applicability in the anticommunism cases.

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Brownlee, Kimberley. "Freedom of Association: It’s Not What You Think." Oxford Journal of Legal Studies 35, no. 2 (August 22, 2014): 267–82. http://dx.doi.org/10.1093/ojls/gqu018.

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