A comparative study of unlawful assembly and the right to freedom of association in the light of the Maltese Constitution

Abstract

On July 4, 1861, at a moment of great crises in American history, Abraham Lincoln put the question to Congress, " Must a government of necessity be too strong for the liberties of its own people, or too weak to maintain its own existence?" President Lincoln was referring to the immediate problem with which he and the Congress had to deal - internal rebellion against the authority of the central government of the United States. But in a deeper sense he was referring to one of the most basic problems that confronts the citizens of a democratic society and that will continuously confront us throughout. the whole of this thesis : namely finding a satisfactory balance between the liberty of the individual to live his life as he will, and the authority of society to protect and enhance the welfare of all people. Many of the events in World history - the American Revolutionary war, the French Revolution, the Israeli-Arab conflict, the emigration and immigration of millions from one state to another, the two Great World Wars - have had the greater liberty of the individual as their motivating force. Indeed, from the earliest times, choosing between the authority and liberty has created a dilemma that has plagued the legislators of every democratic government. History reveals that where men felt they had to make such a choice, they tended to prefer authority to liberty. But history also reveals that men have often refused to concede that such a choice had to be made. Consequently the evolution of democratic institutions has been largely concerned with a search for a satisfactory equilibrium between governmental authority on the one hand and individual liberty on the other.