Article

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)

Ulrich K. Preuß

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0047

Series: Oxford Handbooks in Law

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)

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Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of their empowerment in the polity. At the same time, this guarantee gives rise to a decentralized power structure in society which has a major bearing on the modes of how collective decisions are made in the polity. Three constitutional rights are pertinent in this respect, ranging in the order of increasing empowerment and, consequently, structural effects on the polity: the right to petition for the redress of grievances, the right to the freedom of assembly, and the right to the freedom of association. This article presents a comparative overview of associative rights and considers only those constitutions which effectively shape the character of the polity, where, in other words, collective actions of citizens are an inherent element of an entrenched sphere of socio-political autonomy.

Keywords: associative right; joint action; constitutional right; collection action; constitution; polity; redress of grievances; freedom of assembly; freedom of association

Article.  10299 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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