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Al-Baldawi, Hassan. "The right to freedom of peaceful assembly in post-invasion Iraq." Thesis, Umeå universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-184530.
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Watkins, Richard. "Theirs but to do and die? : guaranteeing soldiers' right to life." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/47723/.
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On 25 October 1855 Lord Cardigan led the Light Brigade in a fateful charge against a Russian artillery battery. Poet Laureate Lord Tennyson immortalised the cavalry’s valour in verse. Theirs not to make reply, Theirs not to reason why, Theirs but to do & die, Into the valley of Death Rode the six hundred Since then, British soldiers, sailors and pilots have been engaged in countless wars, conflicts and peacekeeping missions across the globe. Many have died in defence of the United Kingdom and her interests. What obligations do states have to armed forces personnel who lay down their lives? This thesis is about guaranteeing armed forces personnel’s right to life. It asks about the obligations states owe to their own armed forces under the European Convention on Human Rights. Military service exposes individual servicemen and women to countless dangers – the risk of being killed in enemy attack, friendly fire, the risks from hostile environments and infectious disease, difficult training exercises and the inherent risks surrounding weapons. This thesis examines whether states are under a duty to protect servicemen and women against such risks. These risks are inherent to military service. Some, such as enemy attack, are virtually impossible to predict and guard against. The focus of this thesis is to establish realistic, practical and effective expressions of the right to life that fulfil states’ obligations under human rights law, whilst also maintaining military efficacy, discretion and decision-making authority. In order to be effective human rights law must not impose unrealistic burdens on states. This thesis considers how to provide effective, balanced legal protection for servicemen and women that makes allowances for the realities of military service.
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Elzuway, Saleh M. "The right to health care in international law." Thesis, University of Glasgow, 2013. http://theses.gla.ac.uk/4293/.
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Health is an important matter for both individuals and states. Since the adoption of the Universal Declaration of Human Rights 1948 (UDHR), health has been categorised as a human right. In the years following this Declaration, many international treaties and national constitutions have emphasised this issue;for example, article 12 of the International Convention of Economic, Social and Cultural rights 1966 (ICESCR). However, as this thesis notes, the language in which this right is cast varies. This, it is argued, is problematic for any attempt to vindicate the right and ensure its justiciability. Accordingly an alternative definition is explored and clarified in what follows. In first chapter, the focus is on arguing that, the current phrases such as ‘right to health’, ‘right to medical care’, ‘the human right to highest attainable standards of health’ and ‘right to health protection’ are vague and weak and may prevent a clear understanding of the expectations that people may legitimately have. The main outcome is to describe a workable and more precise right which can also be legally enforced; that is, the right to health care. In the second chapter, the legal sources of the right to health care in international law are explored. In particular, it is argued that there are obligations on states to implement this right and, as members of the international community and the main subject of international law, to take all necessary steps to put it into practice by translating these obligations into domestic law, thus ensuring that health care is treated as a human right In addition, this chapter also describes the general principles of human rights, such as non-discrimination, participation and equity, that ought to be taken into account by the state`s authorities when they implement the right in question. The following two chapters are devoted to examining the status of the right to health care in the United Kingdom and Libya as models of developed and developing countries.According to health Act No 106 of 1973, health care appear to be simply human right in theory in both national law and international commitments however in practice the government as well as the judiciary did not take it seriously. As result, the case laws have not considered such right as human right nor a legal right for Libyans. In the UK, the reluctance of the government to treat health care as legal right has not stopped judges to evaluate health decisions makers and adjudicate whether such decisions were proper with the case in question. Thus, the chance for UK citizens to review the decisions of the health authorities is wider under the judicial review in terms of legal right rather than human right. In the conclusion, it is proposed that the main problem in according the right to health care the status of a human right is not in fact related to any inability of the judiciary to deal with social and economic rights, nor is it reliant on disagreement about the legal nature of the right and whether it should be categorised as a negative or a positive right, but relates rather to the meaning of the right and what it should include. It is further proposed that the right defended in this thesis – the right to health care – can solve this problem by clarifying the nature and content of the right. The UK experience shows that when such clarity exists, the debate about whether or not the right exists or is justiciable becomes irrelevant. Equally, the state can ignore the international distinctions between types of right and invest health care with the status of a justiciable right in domestic law. While the interim Libyan Government refers to a right to health care in its new constitution, it is clear that political will is necessary to translate it into reality. The Libyan state has much to learn from the healthcare and legal structures of the United Kingdom; particularly it can learn from examination of the mechanisms by which the UK, and other European nations and organisations, have effectively avoided the debate about whether or not the right to health care can be categorised as a human right by developing jurisprudence that renders it clear and justiciable in and of itself.
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Hunt, Christopher Douglas Lorne. "Justifying and structuring a principled common law privacy tort." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607899.
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Black, Tyler. "Interpreting the relation between immigrant hostility and the extreme far right in england." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/826.
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The study of race relations in England developed in the modern era amongst conflict between races, political parties and local communities. England, consisting of a predominantly white population, is an interesting case of race relations in that immigrants of color seem to be in the center of many of the most controversial conflicts of the past century. Existing research on race relations in England suggests that the region is largely racist due to the conflicts of the past and the current political success of the anti-immigrant extreme right-wing parties (ERPs). But the times at which these parties have been successful compared with high levels of animosity towards non-white immigrant groups have not been thoroughly studied in the past decade. This research will attempt to answer questions regarding racial hostility and ERP success. Do ERPs receive support from purely racist groups during times of high levels of immigration? Or is their racist rhetoric cloaked by logical justification for anti-immigrant policies? ERPs such as the British National Party and The National Front have risen, fallen, evolved and dissolved since the 1960s. They have, in some cases, worked together to gain votes, but eventually break apart to form small, non-political factions that concentrate on social protests. Most recently, England has seen the decline of these particular ERPs, although anti-immigrant social groups still remain strong. Those that were associated with recently dissolved ERPs may turn their attention United Kingdom Independence Party (UKIP), a party that has a message similar to the BNP, but has a more consistent and attractive political platform. UKIP is an anti-immigrant party and its current success is an interesting case study in this thesis.B.A.
Bachelors
Sciences
Political Science
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Fenwick, Daniel Patrick. "A Gewirthian conception of the right to enabled suicide in England and Wales." Thesis, Durham University, 2015. http://etheses.dur.ac.uk/11005/.
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This thesis seeks to answer a seemingly intractable question in English human rights law: how should we understand the nature, constituent elements and application of a human right to enabled suicide? A moral framework is developed, based on the theories of Alan Gewirth and Deryck Beyleveld, in order to critique the approach to such a right in English law. The thesis argues that current approaches have failed to articulate the status of this right fully, in particular as regards the balance between its exercise and the protection of the right to life of others. Thus, the thesis seeks to use Gewirthian theory to defend an alternative understanding of the human right to enabled suicide. This ethically justified right is used to resolve the intractable questions of human rights law that, it is argued, have undermined the legal response to the right to enabled suicide thus far. Specifically, the thesis will address the problem of a slippery slope resulting from possible abuse of procedures designed to give effect to the right. The thesis will also consider the defensibility of apparent inconsistency between English laws prohibiting assisted suicide and laws regulating different courses of ‘suicidal’ conduct such as refusal of vital treatments and ‘life-shortening’ treatment. The thesis will not claim that there is one ideal form of human rights-compliant legal response to these questions, but it will seek to justify certain minimal requirements of a Gewirthian conception of a human right to enabled suicide. The original and significant contribution of this thesis to knowledge is therefore the development of a detailed framework to govern the balance between the right to enabled suicide and the countervailing right to life, and the application of this framework to English law on assisted suicide and voluntary euthanasia.
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Rösch, Florian. "Vertragliche Ansprüche Dritter in England und Deutschland : ein rechtsvergleichender Überblick unter besonderer Berücksichtigung des Contracts (Right of Third Parties) Act 1999 /." Baden-Baden : Nomos, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/515923877.pdf.
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Mziray, Cheggy Clement. "The right to peaceful assembly and demonstration in Tanzania : a comparative study with Ghana and South Africa." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1097.
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"In 2001 after the 2000 election in Zanzibar, the Civic United Front (CUF) began planning a series of peaceful demonstrations to protest alleged fraud in the October 2000 presidential elections, calling for a rerun of the elections and constitutional reforms. The CUF notified the police of their intended routes, both the government officials and police immediately responded and announced that the demonstrations were banned. Police were ordered to use all force necessary to break up the demonstrations. The Tanzanian prime minister was recorded as stating that force would be used to break up the demonstration. According to him, "government has prepared itself in every way to confront whatever occurs ... any provocation will be met with all due forces of the state". CUF demonstrations, which were widely supported, took place on 27 January 2001 and as the unarmed demonstrators walked peacefully toward the four designated meeting grounds, security forces intercepted and opened fire without warning. They attacked the civilians, [and]ordered them to disperse [under] firing and beating. ... All these events occurred in the face of the fact that the Constitution of the United Republic of Tanzania (CURT) provides for freedom of assembly. The requirement of permits has been removed and section 40 of the Police Force Ordinance and 11(1) of the Political Parties Act were declared void on grounds that the requirement for a permit to hold an assembly infringed the freedom of peaceful assembly and procession enshrined in article 20(2) of the CURT. However the government limits these rights in practice, police have authority to deny permission to hold an assembly on public safety and security grounds. The relevant provision is section 41 of the Police Force Ordinance which permits any police officer to stop the holding of any assembly. The situation has not improved for opposition parties seeking to hold assemblies because of the way the police apply section 41. Rather than invoking this provision only in extraordinary situations as required, the police, once served with a notice of a planned meeting, issued prohibition orders claiming that they had information that the meeting was likely to cause chaos, but without giving evidence. ... These restrictions on the right to freedom of assembly and the excessive use of force by police officials as depicted in the above recounted incident and others of its kind, violate numerous provisions of international legal istruments to which Tanzania is a party. The Universal Declaration of Human Rights (UDHR) guarantees for the right to freedom of peaceful assembly and association, as does the International Covenant on Civil and Political Rights (ICCPR). The African Charter limits the right to assemble subject to necessary restrictions provided by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights to freedoms of other. But the African Commission has interpreted these claw back clauses to mean that the limitations must be in accordance with international law and thus the standards developed under the ICCPR, especially, would be relevant in determining when the rights to assemble may be limited. The exercise here is to examine the nature of the Tanzanian laws on the right to peaceful assembly and demonstration in the light of police practice having regards to the nature of the right as guaranteed under international human rights instruments." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Stivers, George Spencer. "A most grievous and insupportable vexation billeting in early seventeenth century England /." Diss., [Riverside, Calif.] : University of California, Riverside, 2009. http://proquest.umi.com/pqdweb?index=0&did=1957340891&SrchMode=5&Fmt=2&retrieveGroup=0&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1269450997&clientId=48051.
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Thesis (Ph. D.)--University of California, Riverside, 2009.Includes abstract. Available via ProQuest Digital Dissertations. Title from first page of PDF file (viewed March 24, 2010). Includes bibliographical references. Also issued in print.
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Salvini, Francesco. "Struggles for the right to the city : assembling politics on the streets of Barcelona." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8621.
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In recent years, the ‘right to the city’ has emerged as a key concept and practice amongst both academics and social movements around which to organise a response to the crisis of Fordist production and political representation. In Spain this response has taken to the streets, with millions of people coming together and shouting ‘They don’t represent us!’. As a key site of both neoliberal urban governance and political insurgency, Barcelona provides a powerful site through which to examine the relationships between urban social movements, urban governance and struggles around the right to the city. In this thesis I build a (partial and provisional) genealogy of the right to the city, examining the relevance of those struggles that have emerged inside and against neoliberal governmentality since the early 1980s in an effort to assemble the right to the city through the material combination of struggles around urban production and citizenship rights. To do this, I return to the relation between genesis and management as an uneven dialectic in the production of rights; drawing on and building new connections between post-colonial studies, autonomous marxist debates, critical studies of citizenship and urban studies to investigate how strangers, outsiders and the governed challenge European capitalism from inside and assert a different imagination of contemporary urban life. I also explore my own role in these dynamics. In contrast to an understanding of academic knowledge as analytical and objective representation, my position as both a militant and a researcher provides the ground upon which I analyse social movements as a factory of concepts and practices capable of assembling an instituent politics against neoliberal governmentality.
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Bradshaw, Wade Forrest. "The Bangorian Controversy and the Salters' Hall Debate the nature of ecclesiastical authority versus the right of private judgment /." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.
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Alkiviadou, Natalie. "Challenging right-wing extremism in England and Wales and Greece : tools available in international, European and national law." Thesis, University of Central Lancashire, 2017. http://clok.uclan.ac.uk/18239/.
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The destructive force of the far-right was tragically witnessed through the mass devastation brought about by World War II. The international community sought to prevent the repetition of such destruction through the establishment of institutions, such as the United Nations, and the adoption of documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights. Jurisprudence and conventions on a supranational level directly prohibit speech and expression of the far-right with, for example, Article 4 of the International Convention on the Elimination of All Forms of Discrimination prohibiting racist associations and racist expression. Nevertheless, we are living in a world where violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, where xenophobic parties have done spectacularly well at the latest European Parliament elections, where the United Kingdom has voted to leave the European Union and where Donald Trump has been elected as the next president of the United States of America. As such, the far-right is no longer a phenomenon of the past. It is one of the present, rising at swift and worrying rates. In this light, the study analyses how supranational bodies, namely the United Nations, the Council of Europe and the European Union, require their members to tackle right-wing extremism either directly, or through the regulation of by-products of right-wing extremism, such as hate speech. The adherence to international obligations is examined through an assessment of two jurisdictions, namely, England and Wales and Greece. For purposes of this thesis, supranational obligations emanate from, inter alia, instruments such as the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the European Convention on Human Rights. It must be noted that, on an EU level, there is also a centralised mechanism in the form of Article 7 TEU which can, in theory, be used against Member States which embrace a far-right ideology or, potentially, tolerate the far-right. However, this tool has never been used. The dissertation considers the means and methods adopted by the jurisdictions under consideration to interpret and apply international and European obligations through their national legal systems along with a broader conceptualisation of their legal and judicial approaches to right-wing extremism. The country analyses commence with an assessment of their adherence to international and European obligations, the thesis looks at the case-studies' domestic frameworks in the realm of challenging far-right movements. For both countries, there is a legal analysis of how central rights and freedoms, such as non-discrimination, expression, assembly and association, are established by law. For England and Wales, it proceeds to look at the role of criminal law in relation to the far-right, assessing the public order ambit which is the one most habitually used to challenge the rhetoric and activities of the far-right. This is followed by an evaluation of recent anti-terror legislation which has come into play in relation to the regulation of violent elements of the far-right movement. After looking at criminal law and how it deals with ensuring public order and countering terror, the assessment of England and Wales looks at how national law treats political parties before registration and during their functioning. The purpose is to determine what tools and sub-tools are available and can be used for challenging far-right parties contesting elections. From the above-described analysis, it is concluded that the legal framework of England and Wales embraces the significance of the freedom of expression but readily allows for the limitation of speech if issues of public order, terrorism or anti-social behaviour arise. Assemblies are also readily prohibited if public order or anti-social behaviour issues arise. What is clear is that this case-study is not willing to proscribe associations if such associations do not amount to terrorist organisations. In relation to Greece, the dissertation assesses the principal legal instrument that tackles issues relevant to challenging the far-right, namely the criminal law framework and particularly the law on the punishment of racially discriminatory acts, and relevant provisions of the Greek Penal Codes such as those on racial aggravation and criminal and terrorist organisations. It also look at the non-discrimination law which is relevant to this case-study given Golden Dawn's provision of services to Greeks only. It became evident from the analysis that relevant legislation has seldom been relied upon to challenge the far-right in Greece, a reality which has led to a state of impunity for the criminal activities of Golden Dawn and an issue that has become a key concern for national and international human rights institutions and non-governmental organisations. Although some members of Golden Dawn were convicted for their criminal activities and the Court recognised their affiliation with Golden Dawn, before the murder of an ethnic Greek, no steps were taken against the organisation. The chapter incorporates an analysis of the legal basis of the ongoing trial against Golden Dawn. Furthermore, the chapter also looks at how national law treats political parties before registration and during their functioning. This analysis demonstrated that political parties, even ones with dangerous and undemocratic intentions, can register and function without limitations with the only point of State intervention being when such entities cross into the threshold of a criminal organisation, as was the case of Golden Dawn.
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Shannon, I. C. N. "Convenient constructs : how chief police officers in England and Wales understand the right of police to exercise power." Thesis, University of Liverpool, 2018. http://livrepository.liverpool.ac.uk/3027487/.
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Chief police officers are an elite group whose beliefs and actions may contribute to reproducing, developing or transforming police legitimacy. This research answers the question, 'how do chief police officers in England and Wales understand the right of police to exercise power?' The chief officers who participated in this research all invoked duties to protect the public (particularly the most vulnerable), policing by consent and explanations based in law and associated checks and balances. However, the significant and original academic contribution that this thesis makes is the finding that these legitimating constructs are confused, conflicted and, above all, convenient. Confusion was evident in vague accounts of vulnerability and hazy notions of consensual policing. When discussing law, operational independence was described as 'grey', which may have implications for the ability or will of chief officers to resist the imposition of priorities that infringe on civil liberties. Conflict was found between a rhetoric of consent and the practice of coercion. Narratives of vulnerability and policing by consent also clashed, as hunting threats to the vulnerable may not compensate for failures to tackle issues that are more immediate for many people. Participants' claims that law and associated checks and balances are important in ensuring police power is used properly sat uncomfortably with their distaste for the process of scrutiny. These tensions and conflicts contributed to participants' perceptions that they were pressured and that their positions were precarious. Narratives of complexity and change can be convenient in helping chief officers assert a privileged position when making decisions about the use of power. The vagueness of vulnerability and hazy conceptualisations of consent may also be convenient legitimating narratives, which cloak coercion and control. A leitmotif was a convenient construction of a broadly consensual 'now' contrasted with a more coercive 'then', which could camouflage contemporary concerns about police legitimacy. Together these stories conveniently help chief officers, and potentially politicians, to set priorities for the use of police power that are difficult for citizens to challenge, particularly when 'folk devil[s]' (Wells, 2016: 278) and policing myths (Emsley, 2014) are called on in attempts to legitimate such agendas.
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Francis, Andrew. "Design for verification : a metrology based design framework to aid 'right first time' assembly for large volume aerospace structures." Thesis, University of Bath, 2017. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723322.
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Large volume processes within the aerospace industry, such as final wing build or telecommunications spacecraft integration, are commonly at the mercy of challenging assembly tolerances that require modern metrology instruments to be successfully realised. Holistic capability models for widely used instruments such as the laser tracker and photogrammetry systems are not currently utilised within the early stage design phases to aid tolerance design. The goal of the work presented within this thesis was to create, test and prove a set of design guidelines for the aerospace industry titled ‘Design for Verification’ that consider estimated measurement uncertainty within the early design stages when there is a lack of historical data to adequately inform simulation based design. The guidelines were created to inform design engineers within low rate, high value manufacturing industries, where process capability data are unattainable, to set realistic and achievable tolerances whereby ensuring product conformance and measurability. This was achieved by introducing an additional parameter to the widely established Design for X toolbox, Design for Verification. The focus of Design for Verification is primarily upon the use of metrology and how it impacts large volume assemblies in modern aerospace manufacturing. The Design for Verification guidelines were created with the key objectives of promoting assembly process optimisation, product conformance and reduced cost. The DfV guidelines were applied to an existing product, detailing existing processes in order to baseline a process for comparing the guidelines against. The DfV guidelines were then applied to the same product to demonstrate how they should be used within the early design phase and the results of before and after implementation of the guidelines were compared. A physical demonstrator was designed around the existing Eurostar 3000 telecommunications satellite platform, from Airbus Defence and Space, to test the proposals and design changes derived through following the Design for Verification guidelines. Application of the Design for Verification guidelines resulted in: reduced measurement uncertainty, optimised assembly sequencing, improved tooling design, informed tolerance synthesis and analysis and advanced metrology processes. This has resulted in direct cost benefits for the Airbus Defence and Space telecommunications platform with an estimated saving of 20% for the next generation NEOSAT spacecraft.
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Straky, Randolf. "Das Privatleben Prominenter als Verfassungsproblem : ein Rechtsvergleich mit Frankreich und England unter Einbezug von Internetpublikationen /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/ilmenau/toc/51614944X.PDF.
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Reichstein, Angelika. "The right to life – a duty to live? : a comparative analysis of the regulation of active assisted dying in England, Germany and under the ECHR." Thesis, University of Nottingham, 2015. http://eprints.nottingham.ac.uk/30560/.
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This thesis addresses the question whether there is a basis for active assisted dying to fall within the protection of the European Convention on Human Rights (ECHR). With desperate individuals addressing the European Court of Human Rights (ECtHR) in order to be granted a right to die, but being denied it, the right to life is turned into a de facto duty to live. An evaluation of the concepts of dignity and autonomy will highlight the need for a right to die, to counterbalance the right to life. Seeing dignity as a subjective element means that a dignified life can only be evaluated by the person living it. If therefore a dignified death is believed to be one brought about with assistance before natural death would occur, this should not be dismissed based on a general idea of how and when people should best die. Believing in a right to a dignified life asks for a right to die in dignity. Seeing autonomy as a relational concept, meaning that for a truly autonomous life we are dependent on others and society as a whole, stresses the need for a legalisation of assisted dying. The thesis analyses the ECtHR’s approach towards assisted dying and what factors prevent it from adopting a more forthright approach towards a right to die. Based on a lack of consensus among the Member States, the Court relies on the margin of appreciation and shies away from taking a stand. While seeing that dying is a part of life and consequently falls within the ambit of Article 8, the protection of private and family life, nonetheless Article 2, the right to life, acts as a barrier to any claim for a right to die, which arguably turns the right to life in a duty to live. Looking at the legal situation in England and Germany highlights the difficulty in reaching a European consensus on assisted dying. Actively assisting someone in dying, who is unable to commit suicide unaided, is a criminal offence in both countries. However, there are significant differences between the two jurisdictions. In England, assisting someone in committing suicide is prohibited under Section 2 of the Suicide Act 1961, whereas in Germany it is in theory legally possible. Yet, in England, assistants can hope to avoid prosecution based on the Director of Public Prosecution’s guidelines of 2009, whilst in Germany assistants face prosecution based on other legal provisions like the Narcotics Act. While Germany moves towards a criminalisation of assistance in suicide offered for a fee (commercial assisted suicide), in England, debates on Bills focus on attempts to legalise some categories of assisted dying. The comparison suggests that a European consensus is not likely to be achieved in the near future. The thesis concludes that based on dignity and autonomy the national approaches towards assisted dying should be revised and legalisation should be considered. This is necessary so that the ECtHR can counterbalance the right to life with a right to die.
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Emanoil, Valerie A. "'In My Pure Widowhood': Widows and Property in Late Medieval London." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1211560325.
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Arena, Joseph A. "The Little Car that Did Nothing Right: the 1972 Lordstown Assembly Strike, the Chevrolet Vega, and the Unraveling of Growth Economics." The Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=osu1243359975.
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Riyait, Simrat Kaur. "'I'm big you're small, I'm right you're wrong' : the influence of gender and generation on migrant response to flood risk in England." Thesis, Middlesex University, 2016. http://eprints.mdx.ac.uk/21173/.
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This research focused on migrants in England and their perceptions of and response to flood risk. Robertson (2004) found ethnic minority groups with flood experience abroad had lower risk perceptions in the UK, which negatively affected their engagement with risk communication. Studies also indicated weak intergenerational transmission of risk attitudes between migrant generations (Bonin et al. 2010). This had not been explored in relation to South Asian migrants, their risk perceptions and response to flood risk in England and whether there is intergenerational transmission of flood risk perceptions and indigenous flood knowledge or whether this is gendered. The impact of and response to disasters may be gendered due to the enforcement of social and gender roles within ethnic communities in the developing world (Bradshaw, 2013). This had not been explored in relation to how these issues may affect the practical response to flooding in England. This research aimed to address these gaps in the literature and explored how the different aspects of an individual’s identity such as being a migrant, being a first or second generation migrant and their gender influenced their understanding of and response to flood risk and knowledge in England. The research applied an intersectional lens to explore how flood risk is understood, communicated and acted upon. Quantitative research methods were used to identify flood prone locations with diverse migrant communities. The study locations selected were Perry Barr, Birmingham and Ravensthorpe, Dewsbury. Questionnaire surveys were conducted to locate and recruit participants and provide an indication of issues to be explored further in the main qualitative research which involved one to one interviews. The research found first generation migrants with flood experience abroad perceived flooding in England as a ‘bit of water’ and did not take flood risk or response seriously. Although the interviews were about floods and risk, what emerged as a ‘risk’ and a concern amongst South Asian migrants was not physical risks such as flooding but wider social processes as risk, in particular the westernisation of women. Thus floods in the context of this research revealed wider social and communication issues (Enarson & Morrow, 1998). The perceived risk of westernisation to the honour of the family meant a subsequent enforcement of gender norms under patriarchal control and this influenced whether women had a voice in the home. An acculturation gap led to intergenerational conflict and the devaluation of knowledge amongst generations. The revelation of these wider issues provided an insight into the intergenerational communication of flood risk and knowledge, and how individuals could and could not respond to flood risk. First generation, uneducated women are dependent on men in a flood event, whilst educated migrant women have the power to advise their family. Educated adolescent women are bounded by their gender and age, and although they have knowledge on flood risk response, conflict limits their communication with grandparents who do not value their opinion. The study found there is intergenerational communication about flood experiences abroad, however, perceptions of flood risk are not transmitted intergenerationally. Instead the flood risk perceptions of second generation migrants are influenced by inter and intra generational communication about flood experiences in England, because although second generation migrants listen to their elders about flood risk, they believe their experience and knowledge from abroad to be irrelevant in the UK. The intersectional lens focusing on migrants, generations and gender and how they intersect in the flood risk context provides a new insight into the complexity of how flood risk and knowledge may be constructed and transmitted. These findings contribute to knowledge on flood risk and perceptions of risk and are important as migrant numbers and ethnic diversity in England continue to grow along with flood frequency, potentially increasing the number of individuals vulnerable to flooding.
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Bitou, Angeliki. "Research with children under three : their rights to participate in planning the curriculum in early years settings in Greece and England." Thesis, University of Wolverhampton, 2010. http://hdl.handle.net/2436/138920.
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This thesis poses a number of questions about research and pedagogy with young children under three, with a particular focus on the opportunities for children’s ‘voices’ to be heard and for them to participate in the planning of the curriculum in early years’ settings. The persistent division between education and care has been an issue in many European countries for a long time (OECD, 2006). The thesis reports on the findings of a research project in both England and Greece. The research aims were to consider how the meaning of children’s participation is defined in the settings in the two countries; whether children use the resources provided according to adult expectation and initial planning and how practitioners react to children’s choices by supporting, ignoring or disapproving them. The theoretical underpinning for the thesis is drawn particularly from the work of Rogoff and Corsaro. Research focused on six children in both England and Greece who were observed during their involvement in both adult directed and child initiated activities in the settings. An ethnographic approach together with a range of ‘participatory’ methods were used including data gathered through video recordings made by both children and adults.This study has found that children express their perceptions during an activity in a very complicated way, elaborating and examining all the parameters that could place them in trouble. Additionally, the findings have shown that what the child is doing during an activity is not always what he is thinking, while many times children appeared to have their own agenda, thus ignoring or subverting adult plans. The main finding is that no matter what the differences and similarities in early years’ education and care between the two countries are, there is an urgent need to promote the children’s participatory rights, as adult’s authority and power is generally taken for granted. This thesis argues for ethical tensions in research with young children and for balanced pedagogy where both adults’ and children’s voices influence the curriculum.
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Papadopoulou, Nataly. "Assisted dying as the last human right : a critical review of the eligibility criteria for an assisted dying framework in England and Wales." Thesis, University of Leicester, 2018. http://hdl.handle.net/2381/42329.
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Within the vast work that has been done on assisted suicide, this thesis examines how assisted suicide may be legalised in England and Wales if Parliament decides that is necessary in the future. The thesis takes as starting point the three eligibility criteria proposed by the Commission on Assisted Dying, a privately-funded Commission established in 2012 to review the status of the current law in England and Wales. The thesis focuses on the practical side of the assisted suicide debate, and hints that studying how legalisation could take place in the future may hinge on whether it can ever be realised in practice. In particular, the thesis suggests that if Parliament decides to legalise assisted suicide in England and Wales, it should adopt a medico-legal framework that will respect both the right to life (Article 2) and the right to self-determination (Article 8) and the state obligations arising from these, and attempt to strike a balance. Parliament will then respect the rights of those who choose death over life, and safeguard the lives of those who do not want to die but may be unduly influenced into assisted death. To achieve this balance, the criterion relating to the physical or mental condition of the individual (terminal illness or unbearable suffering) should be abandoned, and a robust approach to safeguards adopted. Individuals should be able to request an assisted death if they have mental capacity, if they make a voluntary and informed decision, and if the Family Division of the High Court approves the assisted death. This is a new proposal that should be considered as an option if, and when Parliament decides that the time is ripe for legalisation. The right to control the manner and timing of death is ‘the last human right’ to which individuals should have access.
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Cox, Gordon Sidney Allister. "'The right place of music in education' : a history of musical education in England 1872-1928 with special reference to the role of HMI." Thesis, Online Version, 1991. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.304496.
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Mohammed, Nazar A. "Specific challenges of consumer protection in distance selling contracts : a comparison of the laws of England and Iraq on the duty to provide pre-contractual information and the right of cancellation." Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28031.
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This study has covered the duty to provide pre-contractual information and the right of cancellation, the two important key areas of consumer protection in distance selling contracts. These two protection models are invented to rebalance the distance contract in favour of the consumer albeit differently. The duty to provide information rebalances the contract in terms of information, and the right of cancellation provides the distance consumer with an opportunity to rethink the decision about the contract. The study has looked at pertinent laws of distance selling contracts in England and Iraq. In doing so, the study has followed comparative and analytical methodology, whereby strengths and weaknesses, similarities and dissimilarities between the selected laws under a chosen theme are addressed. The aim is to explore problems and loopholes, which may need future amendments, including legal gaps, ambiguity, and incomplete treatment. During the study, specific challenges related to the theme of study are critically analysed. Apparently, the quantity and type of information required, the time and manner of sending information, and the remedy available at the breach are challenges of the information requirements. Challenges of the right of cancellation are the conditions and effects of using the right. The study has concluded that many aspects of protection under both laws need further improvements. The need for changes is more obvious with Iraqi Law than English Law, where distance selling protection has not been recognised yet.
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Lewis, Simon. "The production and communication of regional space in the North East of England : a conceptual analysis of a regional assembly and regional development agency." Thesis, Durham University, 2009. http://etheses.dur.ac.uk/2099/.
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This thesis examines Lefebvre's theory of the 'production of space' and Habermas's theory of 'communicative action' in relation to the interactions of two regional governmental organisations in the North East of England, the regional development agency One North East and the North East Assembly. In a conceptually-driven approach, these theories are developed and integrated into a framework which is used to analyse the spatial narratives and discourses that are promoted by the organisations in attempting to legitimate their respective claims to regional space. Informed by a three year work placement at the North East Assembly, the thesis provides insights into the production and communication of regional space via an heuristic application of the theoretical framework to three case studies which investigate the 'storylines' behind the 2005 draft regional economic and spatial strategies and two North East Assembly scrutiny investigations into Regional Leadership and Evidence and Regional Policy. There were significant communicative distortions and power imbalances in the interactions of One North East and the North East Assembly, which resulted partly from the nature of their working relationship but also from the effects of wider governance processes and cultures. This is seen to have created particular conditions of 'communicative meta-governmentality' that contributed to the production of a dominant economic and administrative spatial discourse, hindering the Assembly in establishing its claims to regional space. In light of this, it is argued that the Assembly created 'illusionary spaces of participation and representation' that failed to give it genuine integrity or credibility in and beyond the region. The thesis finishes with a look towards future regional arrangements following significant recent policy developments and suggests that there might be potential for positive change through the development of 'arenas of hope' based upon 'lived' and 'popular' spaces.
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Heyman, David. "”Feral rats” : – en analys av rätten att definiera händelser, i BBC:s bevakning av upploppen i England 2011." Thesis, Stockholms universitet, Institutionen för mediestudier, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-87442.
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Denna C-uppsats analyserar genom kvalitativt innehållsanalytiska metoder utvalda delar av BBC:s bevakning av upploppen i England i augusti 2011. Metodmodellen är egenkonstruerad, men använder element ur kritisk diskursanalys (CDA, Faircloughs tillämpningar), samt delar av de metodverktyg som tas upp i Selby och Cowderys metodhandbok How to Study Television. Materialet undersöks i fyra steg: konstruktion, kategori/genre, inverkan/agency samt diskursiv praktik/nyhetsvärdering. Teorin som tjänar som bas för undersökningen består av litteratur inom ämnesområdet journalistik och samhälle, med stor fokus på relationen dem sinsemellan. Uppsatsens syfte är att belysa hur social skiktning och rådande diskurser spelar in i representationen av olika samhällsgrupper i BBC:s nyhetsrapportering, med rapporteringen kring upploppen som exempel på hur representationen kan se ut. De centrala frågeställningar som uppsatsens analysdel ämnar besvara är hur individer från olika samhällsskikt tilldelas rätten att definiera upploppen, och hur denna tilldelning av definitionsrätt påverkar innehållet i nyhetsinslagen. Vissa avgränsningar görs för undersökningen. Då analysen görs på ett relativt litet urval bestående av tre nyhetsinslag (alla tre är intervjuer) görs i uppsatsen inga anspråk på att dra några slutsatser gällande rapporteringen kring upploppen i stort, eller kring BBC:s rapportering generellt. Från resultaten kan det konstateras att det finns stora skillnader i identitetskonstruktionen av de olika individerna i nyhetsinslagen, och att representation och tillåtelsen till definition av nyhetshändelsen skiljer sig tydligt mellan inslagen. En vit butiksinnehaverska i yngre medelåldern representeras med en stark positiv identitet, och får föra ut sitt budskap fritt och ostört. Hennes definition av händelserna och de inblandade människorna tillåts dominera inslaget totalt och därmed legitimeras. Övriga individer, två unga flickor och en svart journalist i övre medelåldern kommer inte i närheten av att på allvar få definiera händelserna, och representeras betydligt mer negativt och som svagare individer. Sammantaget kan det konstateras att det i materialet finns en grov skevhet och allvarliga skillnader i rätten att få definiera händelser i sin omvärld.
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Slattery, Samuel Aldred. "Subjects or Rebels: The Dominion of New England and the Roots of Anglo-American Conflict / The Right to Fortifications: American Communities and the Politics of Harbor Defense: 1794-1812." W&M ScholarWorks, 2016. https://scholarworks.wm.edu/etd/1477068565.
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ABSTRACT Subjects or Rebels: The Dominion of New England and the Roots of Anglo-American Conflict This paper argues that the process by which the English Crown’s initially modest attempts to tweak New England colonial governance dovetailed into a reactionary denial of all colonial liberties. The imposition of autocratic imperial rule and armed occupation of New England reflects the fundamental bankruptcy of the “imperial constitution,” namely, the incompatibility of the right of colonists to representative assemblies and the imperial authority of the English state. Because on a constitutional level the two were incompatible, a protracted conflict between colonists and metropolitans had a strong likelihood of ending in logical extremes neither party expected or wanted: the abolition of colonial self- government by the English state and a revolutionary attack on the authority of the English state by colonists. as long as colonists and metropolitans failed to reconcile colonial rights with metropolitan sovereignty, they papered over a zero sum game. This paper is preliminary and based upon an initial reading of sources; additional research of contemporary scholarship in particular would improve it. ABSTRACT The Right to Fortifications: American Communities and the Politics of Harbor Defense: 1794-1812 This paper argues that American seaport towns played an outsized and determinative role in the fortification of their harbors in the immediate post- revolutionary period. While historians have examined the individual and collective efforts of military engineers during this period, they have neglected the importance of the labor, financial and political resources of cities in realizing seacoast defense. I found strong connections between urban politics and urban seacoast fortifications at every level from grassroots community organizations to the halls of Congress. to complete this project and properly qualify its conclusions, however, a comprehensive analysis of legislative dynamics and seaport populations would be necessary. This paper might serve as the nucleus of future research on the relationship between American communities and fortifications.
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Salazar, Gregory Adam. "Daniel Featley and Calvinist conformity in early Stuart England." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/278216.
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This thesis examines the life and works of the English Calvinist clergyman Daniel Featley (1582-1645) through the lens of various printed and manuscript sources, especially his manuscript notebooks in Oxford. It links his story and thought to the broader themes of early Stuart religious, political, and intellectual history. Chapter one analyses the first thirty- five years of Featley’s life, exploring how many of the features that underpin the major themes of Featley’s career—and which reemerged throughout his life—were formed and nurtured during Featley’s early years in Oxford, Paris, and Cornwall. There he emerges as an ambitious young divine in pursuit of preferment; a shrewd minister, who attempted to position himself within the ecclesiastical spectrum; and a budding polemicist, whose polemical exchanges were motivated by a pastoral desire to protect the English Church. Chapter two examines Featley’s role as an ecclesiastical licenser and chaplain to Archbishop George Abbot in the 1610s and 1620s. It offers a reinterpretation of the view that Featley was a benign censor, explores how pastoral sensitivities influenced his censorship, and analyses the parallels between Featley’s licensing and his broader ecclesiastical aims. Moreover, by exploring how our historiographical understandings of licensing and censorship have been clouded by Featley’s attempts to conceal that an increasingly influential anti- Calvinist movement was seizing control of the licensing system and marginalizing Calvinist licensers in the 1620s, this chapter (along with chapter 7) addresses the broader methodological issues of how to weigh and evaluate various vantage points. Chapters three and four analyse the publications resulting from Featley’s debates with prominent Catholic and anti-Calvinist leaders. These chapters examine Featley’s use of patristic tradition in these disputes, the pastoral motivations that underpinned his polemical exchanges, and how Featley strategically issued these polemical publications to counter Catholicism and anti-Calvinism and to promulgate his own alternative version of orthodoxy at several crucial political moments during the 1620s and 1630s. Chapter five focuses on how, in the 1620s and 1630s, the themes of prayer and preaching in his devotional work, Ancilla Pietatis, and collection of seventy sermons, Clavis Mystica, were complementary rather than contradictory. It also builds on several of the major themes of the thesis by examining how pastoral and polemical motivations were at the heart of these works, how Featley continued to be an active opponent—rather than a passive bystander and victim—of Laudianism, and how he positioned himself politically to avoid being reprimanded by an increasingly hostile Laudian regime. Chapter six explores the theme of ‘moderation’ in the events of the 1640s surrounding Featley’s participation at the Westminster Assembly and his debates with separatists. It focuses on how Featley’s pursuit of the middle way was both: a self-protective ‘chameleon- like’ survival instinct—a rudder he used to navigate his way through the shifting political and ecclesiastical terrain of this period—and the very means by which he moderated and manipulated two polarized groups (decidedly convictional Parliamentarians and royalists) in order to reoccupy the middle ground, even while it was eroding away. Finally, chapter seven examines Featley’s ‘afterlife’ by analysing the reception of Featley through the lens of his post-1660 biographers and how these authors, particularly Featley’s nephew, John Featley, depicted him retrospectively in their biographical accounts in the service of their own post-restoration agendas. By analysing how Featley’s own ‘chameleon-like’ tendencies contributed to his later biographers’ distorted perception of him, this final chapter returns to the major methodological issues this thesis seeks to address. In short, by exploring the various roles he played in the early Stuart English Church and seeking to build on and contribute to recent historiographical research, this study sheds light on the links between a minister’s pastoral sensitivities and polemical engagements, and how ministers pursued preferment and ecclesiastically positioned themselves, their opponents, and their biographical subjects through print.
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Wallenhorst, Lena. "Medienpersönlichkeitsrecht und Selbstkontrolle der Presse : eine vergleichende Untersuchung zum deutschen und englischen Recht /." Berlin : Duncker & Humblot, 2007. http://www.gbv.de/dms/ilmenau/toc/523825706.PDF.
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Hill, David Stanley. "The radical Right and teacher education : an analysis of, and response to, the restructuring of initial teacher education in England and Wales under the Conservative and New Labour governments 1979-2001." Thesis, University College London (University of London), 2001. http://discovery.ucl.ac.uk/10020379/.
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Following the 1979 general election, Conservative governments radically restructured Initial Teacher Education (ITE) in England and Wales (a process that I argue is substantially retained by New Labour in its policy on ITE and in education more widely). The aim of this thesis is to examine and evaluate Radical Right policy on ITE and responses to it, and to propose an alternative Radical Left policy based on the theories and data analysed. The thesis begins by describing the content and context of the restructuring and by charting various responses from the education community. It proceeds to identify ideological approaches to ITE that are 'alternative' and 'oppositional' to the Radical Right. To make sense of the restructuring, I examine five theoretical analyses of state policy and of the articulations and disarticulations within the ITE policy process. These are 'state autonomy', postmodernist, 'quasi- postmodernist', culturalist neo-Marxist, and structuralist neo-Marxist analyses. I then describe and evaluate what aimed to be a Radical Left 'critical transformative' ITE course (the Crawley BEd) that I led from 1990-1995. Here I present data on student teacher and NQT reactions to that course, which I compare to other courses that I surveyed. In the light of this data I then revisit the theoretical explanations by referring to the limited 'transformativeness' of the Crawley BEd, and to the success of Radical Right policy on ITE (and education more widely) nationally. My theoretical conclusion is that a structuralist neo-Marxist analysis best explains the data and policy developments. Finally, I suggest some implications for policy, deriving from structuralist neo-Marxist analysis.
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Olivas, Maldonado Hector. "The assembly of an integrated theoretical framework to assess the legitimacy of prison privatisation policies in England and Wales : an interdisciplinary multidimensional meta-model to evaluate the implications of contracting out imprisonment in Mexico." Thesis, University of Southampton, 2017. https://eprints.soton.ac.uk/422202/.
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Prison privatisation was recommended to enhance efficiency, economy and innovation as mean to tackle penal crises. Private sector involvement in the prison system was authorized in Mexico without consultation process which would have informed legislators about the wider implications of this penal policy that affect its legitimation. This research examines key questions: the multidisciplinarity of legitimacy; the extent to which legitimacy of private prisons has been examined; the need for a multidimensional evaluative method of legitimacy; and the legitimating factors to be acknowledged and essential in the prison privatisation debate. Considering that policymakers, politicians and practitioners ought to be aware of the implications of prison privatisation and that the legitimisation of this penal policy is utmost, the goal of this thesis is to develop a new methodology to assess the legitimacy of private prisons, based on principles extrapolated from various disciplines and related to particular issues. Private operation of prisons in England and Wales has provided literature that, in addition to a much wider scholarly canon, will be examined to draw lessons for the Mexican case, and to establish principles underpinning particular categories of legitimacy, related to three disciplines: Philosophy, Sociology and Management. Each of these areas is linked to the participants in this phenomenon: governments, society and corporations. The purpose of this research is to add to the debate, which should enter a new stage, since recent developments in the operation of private prisons question their legitimacy. Through the construction of a new evaluative methodology in the form of a meta-model, it contributes to theory and policy about legitimacy and prison privatisation, by providing a guideline to acknowledge the implications and factors of its legitimation, in order to evaluate, re-evaluate or reform this penal policy.
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Allsop, Geoffrey Charles. "Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31692.
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This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of Gatherings Act 205 of 1993 (‘RGA’) to demonstrate against their employer over a dispute of mutual interest. While no court has yet considered if the LRA prohibits purely political protest action, the Labour Appeal Court in ADT Security v NASUWU 2015 (36) ILJ 152 (LAC) (‘ADT Security’) held that is unlawful for off-duty employees to demonstrate over a dispute of mutual interest under the RGA. The first part begins by establishing how the LRA’s statutory definition of protest action cannot, in its current form, protect purely political protest and how this limits the constitutional right of employees to free assembly. Similarly, it explains how ADT Security clearly establishes that the LRA limits the constitutional right of employees to freedom of assembly by infringing their constitutional right to assemble and demonstrate in compliance with the RGA. The second part tests both limitations against s36(1) of the Constitution, the limitation clause, to assess if either infringement justifiably limits the constitutional right of employees to freedom of assembly, enshrined in s17 of the Bill of Rights. Considering the factors in s36(1)(a)-(e) of the Constitution, and other relevant factors, it examines if the purpose and reasons for either limitation are sufficiently compelling so as to be reasonable and justifiable. It concludes by arguing both limitations unjustifiably limit the constitutional right of employees to free assembly. Two recommendations are made. First, that the LRA be amended to expressly permit employees to demonstrate over disputes of mutual interest, in compliance with the RGA, in certain circumstances. Second, that the LRA be amended to expressly permit purely political protest action, provided the protest action is limited in scope and duration and subject to oversight by the Labour Court.
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Meijer, Gerard Johannes. "Appèl met die oog op regsherstel : 'n Gereformerd kerkregtelike studie / G.J. Meijer." Thesis, North-West University, 2006. http://hdl.handle.net/10394/78.
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Conflict and injustice are endemic to the imperfectness of human existence, and the Church of
Christ is not immune to them. Various means can be adopted to solve conflict in the church.
This study is concerned with legal restitution through calling at a major assembly, as provided
in Article 31 Church Order.
Statement of the problem
Biblical grounds for the right of appeal are largely lacking in the Reformed church polity. In
addition, there is no clear definition of the concept 'injustice' in Article 31 Church Order. In the
case of appeals brought to a synod of the RCSA, the verdict usually contains no guidelines on
how the matter should be dealt with in practice in order to effect reconciliation. Consequently,
the outcome of an appeal does not necessarily contribute to the solution and restoration of
broken relationships.
Aim and method of work
This study endeavours to
determine the biblical grounds of appeal and legal restitution in Reformed church polity
through scriptural study;
establish the essence and content of appeal in Reformed church polity; and
examine the functioning, treatment and application of appeal with a view to legal restitution
in the RCSA, and address shortcomings in this respect.
Findings
Legal restitution occurs when
an appeal is judged according to clearly defined norms;
the verdict rests on the same norms; and
the necessary steps had been taken to reconcile the parties involved in the appeal
Organisation
The study is divided into four main sections:
biblical foundation of appeal with a view to legal restitution;
historical development of appeal with a view to legal restitution;
fundamental definition of appeal with a view to legal restitution; and practical treatment of appeal with a view to legal restitution. Finally, the research questions born from the problem statement are answered by means of concluding statements.Thesis (Ph.D. (Church Polity))--North-West University, Potchefstroom Campus, 2006.
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Graves, Kristina Marie. "Stop Taking Our Privileges! The Anti-ERA Movement in Georgia, 1978-1982." unrestricted, 2006. http://etd.gsu.edu/theses/available/etd-07192006-183041/.
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Thesis (M.A.)--Georgia State University, 2006.Title from title screen. Michelle Brattain, committee chair; Charles Steffen, Hugh Hudson, committee members. Electronic text (113 p.) : digital, PDF file. Description based on contents viewed Aug. 2, 2007. Includes bibliographical references (p. 109-113).
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Petersson, Oscar. "Populism Versus the Populist Parties : An Analysis of the Relationship Between Ideology and Populism on the Cases of Fidesz and Syriza." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-90978.
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This is a case study aiming to clarify the potentially outdated focus on the populist features in modern populist parties. By analyzing the right-wing populist party of Fidesz and the left-wing populist party of Syriza the aim is to clarify whether populism as a feature is descriptive enough to illustrate these parties, regardless their ideological stance, or whether ideology should be taken more into account than it tends to do today. To do this, the policies of each party are mapped to distinguish populist similarities, despite their ideological disparity and their differences. The analysis is delimited by the three pillars of civil society: Freedom of Associations, Freedom of Peaceful Assemblies and Freedom of Expression, referred to as the three pillars of civil society. The study shows that the descriptiveness of Fidesz as a right-wing populist party is conformed. However, the policies of Syriza demonstrate a variation of partially right-wing and left-wing populism, but also tendencies of no populism at all in their foreign policies. The descriptiveness of contemporary left-wing populist parties in the case of Syriza is thereby questionable.
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Sedlář, Martin. "Kontrola průmyslové montáže pomocí kamery." Master's thesis, Vysoké učení technické v Brně. Fakulta elektrotechniky a komunikačních technologií, 2012. http://www.nusl.cz/ntk/nusl-219672.
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This master's thesis deals with questions about contactless camera detection of presence and right direction of assembled parts in the industry process. The main aim of this work is design and realization of graphical user interface and algorithm for automated camera measurement system in the industrial process.
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Falxa, Joana. "Le droit disciplinaire pénitentiaire : une approche européenne. Analyse des systèmes anglais, gallois, espagnol et français à la lumière du droit européen des droits de l'homme." Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2009.
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La discipline, élément essentiel de la vie pénitentiaire, fut longtemps ignorée du droit. L’analyse comparée des systèmes anglo-gallois, espagnol et français en la matière permet cependant de constater la normativisation de la discipline pénitentiaire et un accroissement des garanties processuelles accordées au détenu, qui accède au statut de justiciable. Ce mouvement traduit une certaine recherche d’équité dans la procédure disciplinaire, qui est à mettre en relation avec le renforcement progressif des droits de l’homme en milieu fermé. Le droit européen des droits de l’homme, bien que timoré sous certains aspects processuels, n’est pas étranger à cette évolution et permet de dégager une idéologie pénitentiaire fixant des standards communs aux différents droits internes. L’examen des systèmes disciplinaires observés révèle néanmoins les difficultés auxquelles est confrontée l’entrée du droit dans le monde pénitentiaire. Le droit est en outre loin d’être le seul instrument de gestion employé en détention. La conjonction de ces divers facteurs incite à proposer un modèle disciplinaire global reflétant cette recherche d’équité dans le système disciplinaire pénitentiaireDiscipline is a key part of prison life which has long been ignored by the law. The comparative analysis of the English, Welsh, Spanish and French systems on this topic highlights however the prison discipline’s normativization and the increase of all the procedural safeguards for prisoners-litigants. This process reflects the search for a greater equity in prison adjudication, which could be connected to the progressive strengthening of Human Rights’ in prison. Although the European law on Human Rights is still timorous on some procedural aspects, it is part of this evolution, and it develops a global prison ideology by setting common standards for the different national laws in Europe. Nevertheless, the review of the different disciplinary systems enlightens the difficulties faced by the emergence of the rule of law in prison. Besides, the law is far from being the only mean for prison management. These factors’ convergence encourages to propose a new global disciplinary model, reflecting the search of a higher level of equity in the prison disciplinary system
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Desplanches, Sophie. "Andrew Michael Ramsay (1686-1743) : religion, philosophie et pensée maçonnique." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCA078.
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Andrew Michael Ramsay fut un intellectuel écossais du Siècle des Lumières, à la fois "aventurier religieux", auteur politique et franc-maçon. Élevé dans le protestantisme, il rechercha un équilibre spirituel et une doctrine plus conformes à ses vœux. Il voyagea dans de nombreux pays pour atteindre ce but et finalement trouva auprès de Fénelon, archevêque de Cambrai, et de Madame Guyon, adepte du "Pur Amour", un père et une mère spirituels. Sous leur influence, il finit par adhérer à un catholicisme de nature gallicane caractérisé par un appel constant à l’intériorité. De son œuvre, émergent quatre traités : l’Essai sur le gouvernement civil(1721) dans lequel il démontre que la meilleure forme de gouvernement est la monarchie absolue, héréditaire, de droit divin. Fervent jacobite, il espérait le retour de la dynastie Stuart sur le trône d’Angleterre. L’Histoire de la vie de Fénelon (1727) traite principalement des péripéties de sa conversion par le prélat; Les Voyages de Cyrus (1727), roman didactique, apologétique et politique, raconte la formation d’un jeune prince accompli, rempli de sagesse et de piété. Son ouvrage central, Les principes philosophiques de la religion naturelle et révélée (1749), communément appelé le "Great Work" ne parut qu’après sa mort. Le franc-maçon perçait alors sous le philosophe. Son Discours (1737) fait remonter les origines de l’Ordre aux croisades et, surtout, fixe les obligations auxquelles est soumis tout franc-maçon, qui lui sont rappelées au moment de son initiation. Cet homme, complexe, mystique et politique réussit l’exploit de faire changer radicalement cette organisation très attachée à ses traditions qu’est la Franc-maçonnerieAndrew Michael Ramsay was a Scottish intellectual of the Enlightenment and was at the same time a "religious adventurer", a political author and a freemason. Born into a Protestant family, he undertook a search for spiritual stability and for a doctrine more in line with his aspirations. In this quest, he journeyed through several countries, and he eventually found in the company of Fénelon, archbishop of Cambrai, and of Madame Guyon, an advocate of the doctrine of "Pure Love", a spiritual father and mother. Inspired by them, he finally converted to a Gallican variety of Catholicism which was at the root of his call to a life of constant soul-searching. From his work four treatises emerge: An Essay upon Civil Government (1721), in which he sought to show that the best form of government is an absolute, hereditary monarchy, based on divine right. As a zealous Jacobite, he longed for the return of the Stuarts to the British throne. The Life of Fénelon (1727) deals mainly with the various stages leading up to his conversion by the prelate. The Travel of Cyrus (1727) is a didactic, apologetic and political novel which relates the education of a young accomplished prince endowed with wisdom and piety. His most considerable work is The Philosophical Principles of Natural and Revealed Religion (1749), commonly called the "Great Work", which was published posthumously. Here the freemason can be seen beneath the philosopher. His Discourse (1737) traces the origins of Freemasonry back to the crusades, and also sets out the obligations that every freemason must adhere to and which he is reminded of during his initiation. His success in radically changing this organization so deeply attached to its customs remains the lasting legacy of this complex, mystical and political figure who is Andrew Michael Ramsay
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ADJEI, Cyril. "Arguing for the application of theory to the legal protection of civil liberties : a study of certain aspects of the liberty to assemble in France and England." Doctoral thesis, 1994. http://hdl.handle.net/1814/4538.
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Defence date: 9 June 1994Examining Board: Prof. Antonio Cassese (European University Institute) ; Prof. Luis María Díez-Picazo Giménez (European University Institute, supervisor) ; Prof. David Feldman (University of Birmingham) ; Prof. Avrom Sherr (Centre for Business and Professional Law, University of Liverpool, co-supervisor) ; Prof. Michel Troper (University of Paris, X)
First made available online: 28 July 2016
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Inazu, John D. "The forgotten freedom of assembly /." 2007. http://dc.lib.unc.edu/u?/etd,868.
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"Die reg op vrye vergadering." Thesis, 2015. http://hdl.handle.net/10210/14158.
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Wu, Szu-Yuan, and 吳思遠. "Public Interest and The Right of Public Assembly and Procession." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/00484943212758347390.
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碩士國立臺北大學
犯罪學研究所
100
The public interest is often used as a legal element to limit right of assembly and procession in the Assembly And Demonstration Law of ROC, regardless of its ambiguous definition. The present study chose Zhongzheng District in Taipei City which is known as a famous assembly and demostration area to be the research site and used both interview and focus group methods to clarify the meaning of the public interest among law enforcement agencies , assembly and procession participants, and community residents. The interviewees in the present study included two police officers, two inspectors in the Sanitation Inspection Division of the department of Environmental Protection of Taipei City Council.Assembly, the leaders and the members of four different social or political movements (namely, Red-Shirted Movement, Labor Movement, White Rose Movement, and Wild Strawberry Movement.), three neighborhood magistrates, one resident and two security directors of the local hospital and school located in the assembly area. Results indicate that although the security interest is the highest priority for all three groups concerned, the local people care about their own undisturbed local interest more than the interests of assembly and procession participants, and they also believe law enforcement agencies will use Assembly And Demonstration Law to protect them. Assembly and procession participants felt that their rights of assembly and processions are more important than any other interests. Because of not being in agreement with the Assembly And Demonstration Law , they don’t trust that the agencies will protect them. Law enforcement agencies consider that under the premise of the application, they agree the interests of assembly and procession are more important than the local interests. However, because of political influence and complaints coming from the local people and participants, the agencies consider that practical law enforcement operations and how they approach it, depends upon the size and area, together with purposes,and nature of the assembly and procession. Agencies become cynical of the notion of ‘interests’. Moreover ,in order to maintain temporary stability and dynamic balance ,the agencies have used five tactics to avoid full law enforcement, including delay、shirking responsibility、toleration、symbolic punishment or not fully enforcing the law. The conclusion notes a three-way conflict of interests, as well as differences in attitude and practical enforcement by the agencies. The author suggests that law reform in the future should consider prioritising interests of local people. In addition , the interests of law enforcement agencies should be aimed at protecting the balance of interests between the local people and the participants.
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Cockburn, Thomas D. "'Performing' racism : engaging young supporters of the far right in England." 2007. http://hdl.handle.net/10454/4008.
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NoThis article explores issues of the racial identities of young male supporters of the political far right in the North of England. Sociological identity theories are utilised in combination with ethnographic and retrospective interview data to inform the failures of anti-racist education programmes. These failures include a naive assumption that knowledge of and contact between racial groups will automatically reduce racism. They have also failed because of the ostracism of those very individuals the programmes are designed to engage with. The article argues that programmes must take as their starting point an acceptance of the fluid nature of racism and the necessity to maintain dialogue in a respectful manner with all concerned, even with those who espouse racist views. It is necessary for educators to offer trust and empathy to all young people before mutual recognition and understanding of all racial identities can be achieved.
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Wu, Yu-Feng, and 吳玉鳳. "Taiwan Petition Right Development - A Study through Cases in Taiwan Provincial Assembly Files." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/86882603007095407871.
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碩士國立臺灣師範大學
政治學研究所
93
In a period of five year, seven month, and ten days begins in May 1, 1946, the Taiwan Provincial Assembly and its successor Taiwan Provincial Interim Assembly regularly held 11 semiannual meetings to review Taiwan Provincial Government work, to discuss the Province senator proposals, and to investigate on petition requests from public in Taiwan Province. According to the archive record published by the Secretary of Taiwan Provincial Assembly, a total of 277 petition cases was discuss, concluded and turned to the province administrative office to carry out the orders from Assembly. Taiwan Provincial Assembly tried hard in indemnifying people life and to protect human right of liberty. Under the framework of parliamentary democracy, the Assembly set up a committee with five to seven committee members to continuously take pubic petition request when regular Taiwan Provincial Assembly session were off. In this study, digitized archive of the Assembly history record is used to draw a picture of the development on Taiwanese People Petition Right. There are total of 1,743 petition cases, with 1,272 accepted, 194 dismissed, 277 were ruled favor to plaintiff. For example, in the eighth semiannual meeting of Taiwan Provincial Assembly, record shows that 44.51% of cases were accepted and ruled favor to plaintiff, 21.95% were taken into further investigation, 19.51% can carried out legally, and obstruct difficult transact cases were about 14.03%. In another words, about two third of all petition requests were successfully resolved or processed under supervision of Assembly. It has been a long way for Taiwan to learn the value of petition right. Recent history shows that Taiwan people experienced the transition of political power after World War II, the 228 society’s incident, ROC government relocation from Mainland China to Taiwan, temporary provisions effective during the period of Communist rebellion and strict authority govern. Aiming at stabilizing society, Taiwan Provincial Assembly senses the importance of giving people a way to petition. The development of the petition, democracy, and constitution in Taiwan is such a valuable history testimony, especially when society was under pain and strictly control.
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Cope, Thomas Field. "Tenant right in Ireland and England, 1835-1883 : an essay in comparative legal history /." 2001. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3019902.
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Timura, Petr. "Právní úprava shromažďovacího práva v Austrálii." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-349190.
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Title: Legal regulation of the right to assembly in Australia The present thesis addresses the legal regulation of freedom of assembly in Australia, aiming to analyse the current version of legal regulation. Regarding different legal arrangements among particular Australian states, main attention is paid to constitutional level of this right and statutory regulation in New South Wales. The thesis is divided into ten chapters. Following the first introductory chapter, the second one focuses on the beginnings of Australian law and its development. It also deals with legal and historical connections of English colonial law which laid foundations of Australian law. The third one deals with Australian settlement. It is focused on discovery of Australian continent by James Cook in 1770 and consequent enlargement of the territory. The fourth continues with constitutional development of Australian law. It discusses decisive constitutional moments related to Australian independence. The main aim of the fifth chapter is the analysis of Australian legal system. It concerns main legal sources of Australian law and the relation between common law and international law. It also analyses practise of the courts. The sixth chapter examines sources of Australian right to assembly and the seventh one analyses...
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Cole, Harry, University of Western Sydney, College of Arts, and School of Humanities and Languages. "The right of labour to its produce : producerism and worker politics, 1775-1930." 2007. http://handle.uws.edu.au:8081/1959.7/11879.
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Between 1775 and 1930 Anglo-American and Australian worker politics were centred on the belief that working people endured economic inequality through the unfair social division of wealth. Regardless of political affiliation, contemporary working-class radicals saw the solution to what was variously described as ‘the labour problem’, ‘the economic problem’, or ‘the social problem’ as the return of most or all of a nation’s wealth from those who had accumulated it to those that had originally produced it—a perspective described by North American historians as producerism. Following sections on precursors in British and American sources, the study looks at producerism at two important junctures in the political and economic history of New South Wales: the 1840s, and the period 1890-1930. Both were times of severe or fluctuating economic conditions and political mobilisation. The first period witnessed a middle-class challenge for control of the state. It utilised a constitutional radicalism that enlisted the working classes through cautious use of producerist argument. These producerist references tended to be oblique and muted but nevertheless offer proof of its existence in the colony. The second was one of direct working-class challenge for state power, where producerism’s presence as the guiding force of worker politics was more obvious. Beginning in the depression of the 1890s it looks at how the radical literature associated with Australian socialism, syndicalism and labourism built cases for economic and social justice on producerist foundations. In this way it underlined worker politics until a precipitous post-1930 decline.Doctor of Philosophy (PhD)
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Cole, Harry. "The right of labour to its produce : producerism and worker politics, 1775-1930." Thesis, 2007. http://handle.uws.edu.au:8081/1959.7/11879.
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Between 1775 and 1930 Anglo-American and Australian worker politics were centred on the belief that working people endured economic inequality through the unfair social division of wealth. Regardless of political affiliation, contemporary working-class radicals saw the solution to what was variously described as ‘the labour problem’, ‘the economic problem’, or ‘the social problem’ as the return of most or all of a nation’s wealth from those who had accumulated it to those that had originally produced it—a perspective described by North American historians as producerism. Following sections on precursors in British and American sources, the study looks at producerism at two important junctures in the political and economic history of New South Wales: the 1840s, and the period 1890-1930. Both were times of severe or fluctuating economic conditions and political mobilisation. The first period witnessed a middle-class challenge for control of the state. It utilised a constitutional radicalism that enlisted the working classes through cautious use of producerist argument. These producerist references tended to be oblique and muted but nevertheless offer proof of its existence in the colony. The second was one of direct working-class challenge for state power, where producerism’s presence as the guiding force of worker politics was more obvious. Beginning in the depression of the 1890s it looks at how the radical literature associated with Australian socialism, syndicalism and labourism built cases for economic and social justice on producerist foundations. In this way it underlined worker politics until a precipitous post-1930 decline.
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Steyn, Anna Sophia. "Offences rising from the right to gather : a legal comparative study." Thesis, 2021. http://hdl.handle.net/10500/27862.
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To gather together is a natural human activity shared by all people. The majority of these activities take place without the involvement of the government, and is of no interest to the law. In South Africa, the right to assemble peacefully, to demonstrate, to picket or to present petitions, is protected in the Constitution of the Republic of South Africa, 1996. When people gather, be it peaceful or violent, participants run the risk of being arrested for committing offences. The way the government of the day reacts to gatherings influence the policing, prosecution and adjudication of offences arising from the right to gather. Current legislation and common-law offences utilised to curb disorder in South Africa are measured against international and regional case law and guidelines. Most of these case law and guidelines linked to international and regional instruments are similar in many respects, and can be deemed as universally acceptable.
It is proposed that the government revisits the mixture of current offences utilised by the prosecution during dissent, public violence or protest action, and that specific public order offences are created, providing for specific unlawful conduct with corroborating sentences. Police powers must furthermore be clearly defined to strengthen the hand of the police to secure law and order, serve as guarantee for the rights and freedoms of everyone, and to create legal certainty. The government must organise applicable public order offences in a single public order act. Legislation applicable to public order must be accessible and easily understandable since protest may be the only avenue for a member of the public to bring his or her plight under the attention of the government. Existing guidelines from applicable international and regional instruments which guide and monitor executive conduct must be included since these guidelines qualify as public order offences.Criminal and Procedural Law
LL. D. (Criminal and Procedural Law)
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Kaung, Shih-Tai, and 鄺世泰. "Study on Japan''s Constitutional Right to Assemble--concurrently to Discuss Arguments of The Law of Assembly and Procession in Taiwan." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/39941505826061605334.
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碩士淡江大學
日本研究所
88
Total pages：165 Title of Thesis：Study on Japan’s Constitutional Right to Assemble －－Concurrently to Discuss Arguments of The Law of Assembly and Procession in Taiwan－－ Key word：Right to assemble/judicial review/freedom of expression/double standard Name of Institution：Graduate Institution of Japanese Studies, Tamkang University Graduate date：May.2000. Degree conferred：Master Degree of Law Name of student： Kaung, Shih-Tai Advisor ：Hu, Chin-San 鄺 世 泰 胡 慶 山 Abstract： ‘’The right to assemble（concluding parade, demonstrate）’’ a collective freedom of expression, is a basic inherent natural essential liberty. The right to assemble not only has classical right character that can passively resist governmental authority to intervene at random, but also should be a positive ‘’the right to know’’. The right to assemble is sprouted from parliament out of function and mass media monopolized by tycoons that block people entering the ’’marketplace of ideas’’. In such circumstances, the only way that people can choose to communicate with others and express their views and ideas is ‘’the right to assemble‘’. Most of the Japanese scholars declare that the right to assemble in the article 21 of Japan Constitution is a ’’external spiritual freedom’’, also to be part of the broad sense of freedom to express. In addition to that, according to the ’’double standard theory’’ it should be strictly and highly protected for it’s constitutional ‘’superior position’’. Nevertheless, up to now there were little such systematic studies neither in the academic circle nor judicial precedents in Taiwan. On the ground that, this essay''s main purpose is by discussing Japan''s related theories and judicial precedents about assembly in order to establish the systematic constitutional study and promote the level of protection of ‘’the right to assemble ‘’in Taiwan. This study''s content is mainly adopted comparative method to deliberate the freedom to assemble in Japan''s constitution. Especially it is focused on discussing the theories related to constitutional protection and regulation of assembly, by analyzing how to use the different principles and tests in the judicial review in Japan''s courts. The region of the study is separated from 4 chapters; Chapter 1 is an introduction. Chapter 2 introduces the history and development of Japan''s constitutional ‘’the right to assemble’’, and to clarify it''s conception, value, and constitutional position. Chapter 3 discusses protection and restriction of ‘’the right to assemble’’ in Japan''s constitution, with referring to Japan, U.S.A. Supreme Courts apply the judicial principles and tests to review the regulations of assembly if it is violating the constitution. Chapter 4 discusses the Grand Justice Meeting’s definition No.455 to argue the violation of the Constitution of Taiwan''s Law of Assembly and Procession.
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Kyckelhahn, Tracey. "The right to be free from offense : the development of hate speech laws in the European Union, UK, Canada, and Sweden." Thesis, 2011. http://hdl.handle.net/2152/ETD-UT-2011-05-3529.
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With the increasing population heterogeneity and rising tensions in Western nations, the governments of those nations have sought ways to manage conflict between different groups. This often comes in the form of laws criminalizing certain speech, and numerous Western nations have passed bills strengthening sanctions against hate speech or adding previously unprotected groups. However, when the European Union attempted to pass strict hate speech legislation, many EU member states disagreed with its provisions and, due to the structure of the EU, managed to substantially change the resulting legislation. This study examines how proponents and opponents of hate speech legislative change frame the issue and the role the EU.text