One of the most debated issues about the right to assembly and demonstrate is the question of whether the exercise of this right is contingent upon the fulfillment of the precondition of obtaining permission or the obligation of notification. Addressing this question becomes meaningful especially in the context of spontaneous demonstrations that arise as sudden reactions against a social or political development. Hence, this discussion brings along issues as to the organisers, place and time of assembly and demonstration. Following several significant judicial decisions, the approach adopted by the law-maker, which is not to regulate the right to spontaneous demonstration, has changed in comparative law. Nonetheless, the legal status of this right in Turkish positive law is unclear. Notwithstanding that, there have been recent decisions of local courts and the Court of Appeal which are in favour of protection of the right to assembly and demonstrate spontaneously. This revives the duty of the legislature to create a legal basis for such assembly and demonstrations.