Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 15 of 15 for “"Human Rights Act 1998"”.
-
The Human Rights Act 1998: A Bill of Rights for Britain?
… anniversary of the coming into force of the Human Rights Act 1998 (HRA), this thesis endeavours to explore the extent to which New Labour’s flagship piece of legislation can be considered a Bill of Rights for Britain. It explores the debate surrounding the characteristics of Bills of Rights …
-
The Human Rights Act 1998 in Constitutional Context: The Common Law, The Rule of Law, and Human Rights
The Human Rights Act 1998 (HRA) is seen as a landmark piece of constitutional legislation that brought about many legal and political changes in the United Kingdom’s human rights architecture. Yet the HRA is vulnerable to repeal; successive governments have promised to repeal or otherwise alter the …
-
A critical and comparative analysis of legal provisions regulating privacy aspects of genetic testing within the U.K.
… the literature from the perspective of emerging human rights provisions, those relating to the individual right to confidentiality and rights to privacy, now guaranteed under the Human Rights Act 1998. As the Human Rights Act 1998 came into force fairly recently (October 2000), this research aims …
-
The limits to the horizontal effect of human rights in UK law
… core provisions of the ECHR, by virtue of the Human Rights Act 1998, would apply to private individuals in the same way and to the same exact extent they would apply to public individuals: the “full horizontal effect” of human rights. The primary question this thesis seeks to address is: “how …
-
Strasbourg Jurisprudence in Domestic Courts under the Human Rights Act
Section 2 of the Human Rights Act 1998 enjoins UK domestic courts to ‘take into account’ Strasbourg jurisprudence but does not bind them to it. Neither does s.2 oblige domestic courts to follow it, imitate it or restrict themselves to it. However, judicial guidance to ‘follow’ the ‘clear and …
-
Anti-terrorism control orders : a human rights analysis
… control orders under the Prevention of Terrorism Act (PTA) 2005 between March 2005 and December 2011. Control orders, a form of preventive civil order, were used to impose a range of often stringent ‘obligations’ on individuals who were suspected of involvement in terrorism-related activity but …
-
GHOSTS BEYOND OUR REALM A neo-abolitionist analvsis of prisoner human rights and prison officer occupational culture
… is to critically evaluate the influence of the Human Rights Act (1998)[HRA] on prison service policies and prison officer understandings of prisoner human rights, in the period from October 2000 to October 2005. Discourse analysis is used to structure the thesis, with the implementation of the …
-
Probation officers’ attitudes towards balancing public protection and human rights in the risk management framework of Mappa
… to the need for reconsideration of the place of human rights in offender management following the Human Rights Act 1998. Probation has remained hesitant in engaging with the rights of offenders and victims when other expectations in relation to punishment, public protection and risk become the …
-
Party Wall Disputes: Legal Coherence and Dispute Management
… This thesis analyses a spectrum of legal and factual issues linked to party walls and related disputes that, to date, have not been brought and analysed together. The aim is to provide a contextual analysis of these different areas of law and fact and thereby formulate a separate area of party …
-
Evaluating discipline in sport: fairness, consistency and human rights
… adopted by sports regulatory bodies are human rights consistent, paying particular attention to standards of fairness. It assesses the impact of the Human Rights Act 1998 (HRA) on disciplining in sport. The research reviews the public I private distinction within this jurisdiction and …
-
Does the law on civil combat immunity strike a justifiable balance between the interests of the state and those of service personnel in the armed forces?
… have been involved in a broad range of activities ranging from direct combat with insurgents to quasi-policing duties relating to the transfer of power to local authorities. Inevitably, as in all professions, service personnel will make mistakes and the Ministry of Defence (MOD), as …
-
Privacy rights in employment
… of domestic legal protection for privacy rights within employment. Unusually for a current work, it does this by returning to the genesis of the protections. The work challenges pervasive arguments that the notion of confidence did not protect privacy and exceptionally argues that the …
-
Citizen UK 2000 and the European Convention for the promotion and protection of Human Rights and fundamental freedoms
… Convention for the Promotion and Protection of Human Rights and Fundamental Freedoms(1) has influenced the political and legal order of England and Wales.(2) Analysis is explored along a number of lines of investigation. A review of the influence of the ECHR on the constitutional order of the UK …
-
Critiquing the UK Judiciary's Response to Article 10 Post-HRA: Undervaluing the Right to Freedom of Expression?
The arrival of the Human Rights Act 1998 (the “HRA”) stimulated much speculation as to the effect that the Act would have on judicial approaches to the relationship between the individual and State. In particular, the Act generated expectations that it would raise rights consciousness within …
-
RIGHTS TO PROPERTY, RIGHTS TO BUY, AND LAND LAW REFORM: APPLYING ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
… reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to …