Peaceful but “Illegal” Assemblies? – Comparisons between Taiwan’s Constitution and the International Covenant on Civil and Political Rights

One of the major legal issues arising from the Sunflower Movement was the permissibility of "illegal" assemblies within and outside the government compounds. Such unauthorised sit-ins or parades are quite typical in the context of civil and political protests, and have appeared in global citizen movements for causes ranging from political reform to social justice. Usually these activities - albeit non-violent - were found against the law. Yet, staged for the expression of grave discontent with governmental policies, such activities should be within the protected scope of free speech. At the same time, however, no right is absolute. National constitutions and international human rights permit a wide range of restrictions to free assembly for the maintenance of public order. This article explores if, and on what grounds, these "illegal" protests should be legally permitted from the perspective of national constitutions and international human rights.