State Responses to Protest and Public Disorder in Times of Crisis: A case study on citizenry rights

This chapter explores the evolving relationship between the state and citizen through the lens of protest regulation and public order in England and Wales. It argues that the extension of public order powers over the past decade, culminating in the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, signals a fundamental shift in how the state engages with dissent. Drawing on a human rights framework, the chapter distinguishes between peaceful and violent protest, focusing specifically on the growing constraints faced by peaceful protestors. It critiques the low thresholds for “serious disruption” and the broad scope of new criminal offences, which risk criminalising legitimate protest and complicating policing decisions. The chapter situates these developments within a broader context of political instability, societal intolerance towards protest, and the rise of populist rhetoric that casts protestors as threats rather than participants in democratic life. Through legal analysis, case studies, and critical reflection, it highlights the chilling effect of these laws and calls for a re-evaluation of the protest-policing framework. In doing so, it advocates for a renewed commitment to upholding citizen rights and facilitating dissent as a core democratic value.