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Protestors & the highway: striking a balance?

03 September 2021 / Alec Samuels
Issue: 7946 / Categories: Features , Public , Human rights , Criminal
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Alec Samuels discusses the pressing need for compromise between protesters & the public

We live in a free society under the rule of law. We understand that the exercise of a right may conflict with the exercise of another person’s right, and balance and resolution must be found. Every right carries a corresponding duty or responsibility to respect the rights of others.

Protesters appear and cause obstruction and interference to others. They may be protesting about any number of things. The arms trade. Nuclear weapons. Government policy overseas. A party political issue. Climate change and pollution. COVID regulations. Hunting. Grouse shooting. Low prices for farm produce. A proposed new road or railway. A proposed new speed limit. Religious persecution. Immigration.

Other people may agree with them, or not. But the inescapable fact is that the highway is obstructed, the conduct of normal business is prevented or impeded, access to and egress from private property is prevented or impeded, and indeed private property may be trespassed upon by the protesters.

The Highways Act 1980, s 137 (the predecessor going

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