Table Of Content

Legal Challenges to the Far-Right The work considers the international and European obligations of the UK in the realm of challenging the far-right and assesses the extent to which it adheres to them. It looks at the role of criminal law in tackling hate speech and hate crime and assesses how English law deals with political parties which may deviate from agreed norms and principles such as non-discrimination. The legal analysis is placed within a contextual framework of far-right parties in the United Kingdom and also incorporates a definitional framework in terms of how the law defines themes relevant to challenging the far-right, such as racial discrimination, terrorism and extremism. The book presents a valuable guide for students, academics and policy-makers in the areas of International Human Rights Law, Criminal Law, Comparative Constitutional Law, National Security Law, Comparative Politics and Terrorism Studies. Natalie Alkiviadou, PhD, is a lecturer in European Union Law and Human Rights. Her research expertise lies in human rights, international and European law, focusing on the far-right as well as particular aspects of the far-right, to include online and offline hate speech and hate crime. Routledge Studies in Fascism and the Far Right Series editors: Nigel Copsey Teesside University Graham Macklin Center for Research on Extremism (C-REX), University of Oslo This new book series focuses upon fascist, far right and right-wing politics primarily within a historical context but also drawing on insights from other disciplinary perspectives. Its scope also includes radical-right populism, cultural manifestations of the far right and points of convergence and exchange with the mainstream and traditional right. Latin American Dictatorships in the Era of Fascism The Corporatist Wave António Costa Pinto The Far Right and the Environment Politics, Discourse and Communication Edited by Bernhard Forchtner Vigilantism against Migrant and Minorities Edited by Tore Bjørgo and Miroslav Mareš Trumping Democracy From Ronald Reagan to Alt-Right Edited by Chip Berlet A.K. Chesterton and the Evolution of Britain’s Extreme Right, 1933–1973 Luke LeCras Cumulative Extremism A Comparative Historical Analysis Alexander J. Carter For more information about this series, please visit: https://www.routledge.com/ Routledge-Studies-in-Fascism-and-the-Far-Right/book-series/FFR Legal Challenges to the Far-Right Lessons from England and Wales Natalie Alkiviadou First published 2020 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2020 Natalie Alkiviadou The right of Natalie Alkiviadou to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Alkiviadou, Natalie, author. Title: Legal challenges to the far–right : lessons from England and Wales / Natalie Alkiviadou. Description: Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Routledge studies in fascism and the far right | Based on author’s thesis (doctoral – Vrije Universiteit Amsterdam, 2017) issued under title: Challenging right–wing extremism in England and Wales and Greece: tools available in international, European and national law | Includes bibliographical references and index. Identifiers: LCCN 2019035218 (print) | LCCN 2019035219 (ebook) | ISBN 9780367407063 (hardback) | ISBN 9780367808617 (ebook) Subjects: LCSH: Right–wing extremists—Legal status, laws, etc.— England. | Political crimes and offenses—England. Classification: LCC KD4110 .A427 2020 (print) | LCC KD4110 (ebook) | DDC 345.42/0231—dc23 LC record available at https://lccn.loc.gov/2019035218 LC ebook record available at https://lccn.loc.gov/2019035219 ISBN: 978-0-367-40706-3 (hbk) ISBN: 978-0-367-80861-7 (ebk) Typeset in Galliard by Apex CoVantage, LLC For Markella and Andrew Contents Acknowledgements ix 1 Introduction 1 General introduction 1 Approach, contribution and structure 2 Contextual framework 5 Political parties 20 Non-party groups: the English Defence League (and others) 30 The subculture milieu – Combat 18 33 Other far-right groups and movements 33 The far-right in the United Kingdom: concluding comments 34 Definitional framework 34 2 Human rights and fundamental freedoms 55 Freedom of expression 55 Freedom of association: a general overview 58 Freedom of assembly 65 3 International framework 70 International framework – the United Nations 70 4 The European framework 75 The Council of Europe: the Human Rights Act 1998: incorporating the European Convention on Human Rights into domestic law 75 The European Union: the Council Framework Decision 2008/913/JHA on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law 78 viii Contents 5 The far-right movement and criminal law 81 Maintaining public order as a sphere through which to challenge the far-right 81 Acts intending to stir up racial/religious hatred and possession of inflammatory material 82 Prohibiting religious hatred within the public order framework: the Racial and Religious Hatred Act 2006 87 Aggravation and sentencing 92 Jurisprudential analysis 95 The far-right movement and anti-terror legislation 105 6 Legal treatment of political parties 113 Registration of political parties 113 Post-registration phase 120 7 Conclusion 123 Index 126 Acknowledgements This book is based on part of my PhD, which I defended at the Vrije Universit- eit Amsterdam, in 2017. I am ever grateful to my supervisors, Professor Gareth Davies and Dr. Uladzislau Belavusau, for their support throughout my PhD jour- ney and beyond. I thank my parents, Caroline and Alkis, for unreservedly supporting and believ- ing in me.