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"Public order has always been an area in which governments have been tempted to assert their authority by responding to particular events with legislation … "
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"Public order has always been an area in which governments have been tempted to assert their authority by responding to particular events with legislation ... " The enactment of legislation may, however, have more to do with "the symbolic affirmation of a political commitment to enforcing public order, maintaining public authority and expressing support for the agencies of control than it has to do with instrumental changes in criminal law." Public Order is, conceptually, a very indistinct subject. A clear division between public order and all other criminal law is not possible. Legal theorists may draw attention to two fundamental elements of public order law; its inchoate and participatory nature. The two are the only distinct differences between say; common law assault and public order affray. However, there are many criminal law offences which include these two elements; attempts, incitement and conspiracy, to name but a few. So in what...
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