Civil rights campaigners have claimed that people's basic rights are being denied in the increasing use of the Public Order Act during public protests.
Last week, Garda Commissioner Mr Pat Byrne said gardaí would be taking a tough new approach when dealing with public order offences and would charge offenders immediately where possible, instead of releasing them and later issuing a summons.
Prof Ivana Bacik, TCD Reid Professor of Law, said yesterday she was opposed to further extension of Garda powers and said the definitions of the Public Order Act needed to be narrowed in some cases.
There were concerns among "very mainstream establishment lawyers" about the constitutionality of the Act which was "quite a restrictive and draconian piece of legislation".
Section 8 of the Act was particularly restrictive, she said, as it allowed for a sentence of up to six months for the failure to comply with the order of a garda.
"That's the sort of broadly drafted and dangerous provision that does give rise to extensive abuses of Garda powers."
Asked about street violence at night, Prof Bacik said the powers were extensive enough already to control street brawls.
"I certainly agree that the guards must have the power to intervene where there is a threat to individual safety," she said.
Mr Rory Hearne, Global Resistance spokesman, said 22 peaceful demonstrators were arrested at three protests in recent months.
He will appear in court this morning following his arrest at an anti-privatisation protest outside the Burlington Hotel, Dublin, in October. Mr Hearne is the first of 14 people who will appear in court on public order offences arising from the protest.
He said there was a clear crackdown on public protests since the September 11th attacks in the US.
Mr Kieran Allen, Anti-War-Movement spokesman, said the clampdown on protests would not intimidate his movement. He was convicted under the Public Order Act and fined €1,100 for stewarding an anti-war protest at the US embassy in December.
Supt John Farrelly, Garda spokesman, said gardaí did not differentiate between offences of political protesters and others. "The legislation is there and is only used for people breaking the law," he said.
