Constitutional and Administrative Law
In this vein, applicable national statutes and common law precedents will not be applied in a vacuum. Therefore, the list of restrictions placed on the EBA’s plan to stage a peaceful assembly will be examined by reference not only to the national laws but also with reference to Convention rights. Any conflicts will be resolved in favor of conventions rights.Section 1 of the Human Rights Act 1998 specifically endorses the “rights and fundamental freedoms” contained in the European Convention on Human Rights.1 Moreover, any national laws that are inconsistent with convention rights are required to be interpreted in such a way as to comply with the convention.2 A high court finding that a national provision is inconsistent with the convention rights is authorized to make a declaration to that effect.3 As a result of this statutory provision Article 11 of the European Convention on Human Rights is directly applicable to Richard Zendo and his EBA members and the right to freedom of assembly and association. By virtue of Article 11 of the Convention rights and its direct applicability under Section 1 of the Human Rights Act Zendo and fellow members of the EBA are at liberty to challenge the restrictions placed on their planned demonstration by the local police constable.The Council of Europe adopted the Convention rights for the protection of human rights and fundamental freedoms of the individual. One of those fundamental rights and freedoms is defined by Article 11 of the European Convention on Human Rights and reads as follows:“(1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. (2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary for a democraticsociety in the interests of national security or public safety.