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Regulation of incivilities in the UK, Italy and Belgium: Courts as potential safeguards against legislative vagueness and excessive use of penalising powers?

Di Ronco, Anna and Peršak, Nina (2014) 'Regulation of incivilities in the UK, Italy and Belgium: Courts as potential safeguards against legislative vagueness and excessive use of penalising powers?' International Journal of Law, Crime and Justice, 42 (4). 340 - 365. ISSN 0194-6595

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Abstract

In recent years, the legislators in the UK, Italy and Belgium have progressively empowered local authorities to subject sometimes already criminalised and harmful, but also some relatively harmless uncivil conduct to intrusive and punitive measures deeply affecting individuals' rights. However, judicial action in these three countries has been recently trying to restrain the (illegitimate) use of penalising powers of local authorities by delivering interesting liberty-safeguarding decisions. This paper firstly describes the (expanded) regulation of incivilities in the three aforesaid European countries. Secondly, it focuses on two criteria that inform judicial review of legislative and administrative action, namely the principle of legality and the principle of proportionality. Thirdly, it examines the case law of English, Welsh and Scottish courts, along with Italian and Belgian courts, and shows how courts can safeguard the individual's rights and freedoms against (illegitimate) penalisation of conduct that is deemed anti-social or uncivil at the local level.

Item Type: Article
Uncontrolled Keywords: Incivilities, Regulation, Public order, Judicial review, Legality, Proportionality
Subjects: H Social Sciences > HM Sociology
K Law > K Law (General)
K Law > KD England and Wales
K Law > KZ Law of Nations
Divisions: Faculty of Social Sciences > Sociology, Department of
Depositing User: Anna Di Ronco
Date Deposited: 13 Feb 2017 16:33
Last Modified: 11 Mar 2019 11:15
URI: http://repository.essex.ac.uk/id/eprint/18863

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