Considering how and why freedom of association is protected: reflections on the state of the art

Cahill, Maria

Considering how and why freedom of association is protected: reflections on the state of the art

Files

Societas WP40_How and Why FoA Protected_Maria Cahill.pdf(467.94 KB)

Published Version

Date

2025

Authors

Cahill, Maria

Publisher

School of Law, University College Cork

Abstract

This paper is a reflection on the question of ‘how to protect freedom of association’ and the question of ‘why we would protect freedom of association’, as well as the internal momentum between those questions. Addressing the ‘how’ question means considering the complexity of the right, the kinds of disputes that arise and the relevant context within which the right is being interpreted and applied. Addressing the ‘why’ question means considering theories of freedom of association that offer some perspective on the value of this right. The paper unpacks the current state of the art in relation to each question, and in doing so it notes the internal momentum between the two questions: knowing how to protect freedom of association means appreciating the different interests and values in play in a particular context and how to reconcile them in line with the deepest purposes of the right, while knowing why we are protecting freedom of association means articulating the deeper purposes of the right in the context of and in reflexive relationship with the circumstances in which it is invoked. Having considered existing scholarship on freedom of association in these ways, the paper concludes by hypothesising on fruitful avenues for future research.

Keywords

Freedom of association , Protection

Citation

Cahill, M. (2025) 'Considering how and why freedom of association is protected: reflections on the state of the art', Societās Working Paper 40/2025 (21pp). Cork: School of Law, University College Cork.