Since the enactment of the Human Rights Act 1998, discussions have developed concerning a judicial ‘dialogue’ taking place between the UK courts and the European Court of Human Rights (ECtHR) over the interpretation of the European Convention on Human Rights (ECHR) and its application to UK law. This thesis contributes to these debates by offering a judicially-informed account of the dialogue between these courts based on in-depth interviews conducted with eight Justices of the UK Supreme Court and four judges of the European Court of Human Rights. It combines these insights with analysis of case law, extra-judicial commentary and contributions from political and legal theory to explore the role of judicial dialogue in legitimising the judgments of these courts. In this way, the thesis offers a unique methodological approach to a highly topical area of constitutional discourse in the UK. The thesis argues that dialogue has arisen in response to legitimacy challenges facing these courts based on concerns over the extent of the ECtHR’s influence in the UK. Both at the level of judgments and through informal meetings, dialogue responds to these challenges through the participation of the national courts in the jurisprudential development of ECHR rights, the accountability of the ECtHR to domestic judicial concerns, and the ongoing revision and refinement of the Convention rights at the supranational level to accommodate for legal and constitutional diversity. To this extent, dialogue is part of a wider effort to legitimise the Convention system and the courts charged with upholding it by strengthening the role and identity of the domestic courts in human rights adjudication, as reflected in the reemphasis on subsidiarity and the common law ‘resurgence’. However, the thesis also observes that a significant part of the dialogue resides in an increased willingness by the UK courts to refuse to apply parts of the ECtHR’s case law, and a tendency by the ECtHR to accommodate that refusal. On this basis, it argues that the process also carries the risk of delegitimising the ECHR system by promoting a disposition to disobey on the part of national authorities across the Council of Europe.

This thesis seeks to explore and map the public domain, conceived as an area free from the constraints of law and contract, in relation to information on open, publicly accessible websites. The existing rich literature concerning the ‘public domain’ focuses largely on the impact of the intellectual property regime. By adopting a novel conceptualisation of the public domain as freedom from law and contract, the thesis offers a broader perspective on freedoms and limitations on the use of information. While the existing ‘public domain’ literature does address the possibility for freedoms in relation to the use of information to be narrowed by contract, it focuses on the second order question of enforceability of terms. The first order question concerning the implications of the rules of contract formation is not thoroughly explored, a lack that this thesis seeks to address. The thesis relies on the contract law requirement of exchange to tease out both aspects of the public domain, that is, freedom from law and contract. In the process it addresses a significant gap in case law and literature, namely, the character of the benefit conferred by the website on the user. Relying on insights derived from the ruling of the European Court of Justice in Svensson the thesis offers a novel conceptualisation of the benefit and the mechanism of its conferral in order to explore the contractual significance of the exchange. The thesis suggests that the scope of the public domain is periled on the characterisation of the website’s response to the user’s request for content. It presents a contrasting account of the public domain according to two different characterisations of the website’s response, offering reasons to prefer the account of the public domain that best preserves freedom to look.

This study examines the characteristics and setting of the six hillforts of the Clwydian Range in north east Wales and considers other hills and hillforts within the surrounding area. It provides an assessment of the hillforts of much of north Wales and the borderlands as a group, to define connections or regional variations, in order to aid understanding of their function. Sites have been investigated through the use of Geographical Information Systems and viewshed analysis to consider the extent of view, the features visible and intervisibility. The use of a control sample of non-hillfort sites considers why some hills were chosen to be hillforts but others not. Interrogation of the data to identify what the monument can see, not just how much, is fundamental in the interpretation of site selection and position. Architectural features and dating evidence have been documented and examined. Former radiocarbon dating has been scrutinised and recalibrated to ensure consistency. A theme of stone, or the illusion of, is dominant across the study area and, despite previous reports, not limited to Gwynedd and a small number of outliers. Entrances and their evolution are distinctive to north east Wales and the borders, with possible links to northern England. The hillforts of the Clwydian Range are distinctive with regards to their proximity and longevity, with multi-phase, multi-period use. In contrast to 'Central Place Theory', there is not an obvious 'main' hillfort dominating or suppressing the others. Instead, awareness of each other may have complimented their situation and therefore the area flourished. Changes in the hillforts' characteristics are essential in understanding the evolution of their function throughout the Iron Age; from initial community links and cultivation, to control and finally to conservation, which is a tradition which has continued to this day.

This thesis critically examines structures of police accountability, in particular the introduction and operation of Police and Crime Commissioners [PCCs]. The first chapter begins by identifying accountability as the very bedrock of policing. Accountability is then defined before examining its key facets, why a suitable structure is imperative and how accountability carries the burden of securing police legitimacy. The second and third chapters highlight how the system of police developed while identifying critical ‘turning points’ in police accountability. The fourth chapter explores the present structure and model of police accountability. This chapter also examines reports which highlight potential teething problems and imperfections. The fifth chapter outlines the methodology for the qualitative study involving elite research interviews with senior stakeholders in policing at a regional and national level, including relevant persons in Government. The sixth chapter analyses this data and argues that whilst PCCs may lead to efficiency gains, there are important questions about the quality of accountability. Additionally, the accountability of Chief Constables is contended to vary considerably and in practice likely frustrated by the ‘one to one’ accountability relationship between Chief Constable and PCC. Police accountability is also identified as possibly over dependent on this relationship. Moreover, PCCs are argued to lack accountability between elections. The seventh chapter contends that using elections to achieve democratic police accountability is fraught with difficulties and potentially carries significant risks for policing. Additionally, the PCCs power to remove Chief Constables is argued to cause two possibly corrosive impacts on policing and police accountability. This power is also identified as a mechanism of disempowerment which may in practice lead to Chief Constables being displaced by PCCs. Concluding, the present structure and model of police accountability is argued to be risky, maybe defective and possibly unsuitable for police accountability and policing in the longer term.

Vulnerable and/or intimidated court users are able to give evidence with the assistance of special measures. This thesis examines the role of equality in the provision of such measures to those giving evidence in Crown Court trials. I adopt Keith Hawkins’ conceptual framework of surround, field and frames to analyse the multitude of factors relevant to understanding its role. The standard of equality I invoke is that which underpinned the initial development of special measures for non-defendant witnesses. This is used to assess whether the law remains committed to equal treatment despite the unequal provision of special measures between vulnerable and/or intimidated defendant and non-defendant witnesses. Furthermore, using findings from interviews undertaken with 18 criminal practitioners, I consider the role that the principle of equality appears to play in the use of special measures. I conclude that the principle of equality is not consistently upheld in the provision of special measures in law and practice. Barriers to its more prominent role include the way, and the socio-political context in which, special measures law developed; the legal field in which they are invoked; and the way that criminal practitioners appear to frame decisions about their use.

Doctor of Philosophy / During the 1990s, governments, managements and unions have been focused upon improving the cost efficiency of firms. This focus has been strongest for firms in the public sector where improved outcomes can be expected to significantly improve the Gross Domestic Products of whole economies. This case study looks at the cost efficiency of NSW rail passenger services over a 41 year period to 1991/92, long suspected (but hitherto only tentatively demonstrated) as a paradigm of cost inefficiency. The case study focuses upon the use of the total factor productivity (TFP) index, as a datum point for measuring change in productivity in four markets: suburban, internrban, country and interstate passenger services since 1951/52. From this datum, changes over the years in management, technology and other external factors can be identified and assessed. The thesis identifies management quality (the organising element in the firm) as the preeminent factor in determining productivity change, and the role that new technology plays in its impact on failures in management. We establish the linkages between management and innovation, with TFP, pricing efficiency and economic resource use efficiency, to present a rich paradigm for assessing the economic performance of any business firm. Borrowing from systems theory and other management practices such as total quality management, we disaggregated the case firm into its component systems, sub-systems and processes, for separate study in relation to impact on TFP. The database for 41 years of rail behaviour is the richest ever compiled for any railway in Australia, and with enhanced modelling, enables a systematic treatment of the performance through time of State Rail's passenger services.

Policy-makers, funding bodies and treatment providers need current, comparable and accurate information on the activities and outcomes of alcohol and other drug (AOD) treatment services to respond to the needs of the sector. If meaningful comparisons are to be made at the jurisdictional level, a standardised treatment outcome monitoring system must be developed and implemented, that takes into account differences in client characteristics, treatment settings and modes of service provision. A brief, multi-dimensional instrument, the Brief Treatment Outcome Measure (BTOM) has been developed for routine, ongoing treatment outcome monitoring with clients receiving opioid maintenance pharmacotherapy (OMP) services in New South Wales (NSW), and for use in treatment evaluation research. This is the first time in Australia that an attempt has been made to integrate outcome monitoring into routine clinical practice across an AOD treatment sector. The BTOM contains thirty-three items across the domains of dependence, blood-borne virus exposure risk, drug use, health/psychological functioning and social functioning. The internal reliability of the BTOM is satisfactory; retest reliabilities for the measures are good to excellent and concurrent validation of BTOM scales yielded acceptable agreement. Average completion times of the BTOM were 14.5 minutes when administered by researchers and 21 minutes by clinicians. A 30-month feasibility trial was conducted in selected NSW OMP treatment agencies to determine the practicability of implementing an OMS; to identify issues that would impact on the quality of the data; and identify administrative processes that could facilitate implementation whilst minimising the burden on agency staff. In addition, clinicians who had administered the BTOM were surveyed 18 months into the trial to ascertain their attitudes towards the clinical utility, acceptability of content and the level of support given to them to administer the BTOM as part of routine clinical practice. Results from the trial indicate that the BTOM measures are sensitive to change over time; that the change observed is consistent with that reported in the OMP treatment outcome literature; and that clinicians, whilst generally being positively predisposed towards using the instrument, express concerns relating to the burden of administering and the clinical utility of conducting outcome monitoring.

This study examined the perception held by members of the NSW Police Service as to the effectiveness of changes made to education, training and development, post the recommendations made by the Wood Royal Commission in 1997. The Commission report highlighted a number of important education, training and development issues. The literature on policing indicated that police jurisdictions have a need to both anticipate and respond to changes and events occurring in the communities they serve. This study thus examined both the general and police literature covering change, culture, management and leadership, professionalisation and the main education, training and development topics that were included in the Commission report. An historical scan of developments within the NSW Police Service was also made. The study basically adopted an empirical, quantitative research methodology, supplemented by qualitative statements made by participants during discussion sessions. Two separate questionnaires were developed: one for respondents in the broader NSW Police Service (one city and one rural region), and the other for sworn officers and academic staff at the NSW Police Academy. The Service questionnaire addressed participant perception of the effectiveness or otherwise, of changes made in relevant aspects of individual, team and organisational learning. Opportunity was also taken to analyse responses to the Service questionnaire, based on a range of selected demographic characteristics. The Academy questionnaire addressed the perceptions held about the effectiveness or otherwise, of changes made in general learning issues, curriculum development, course delivery and the evaluation of training. An analysis of combined responses to like questions in both the Service and Academy questionnaires was also made. Both Pre and Post Royal Commission perceptions, as recorded on a five point Likert scale were collected. From the resulting mean difference scores potential change in the respondent's perception of the effectiveness of the changes made were determined. The findings indicated that respondents perceived some improvement in the effectiveness of education, training and development Post the Wood Royal Commission. There were some important findings related to: (a) perceived differences between the formal Academy recruit training and probationer practicum or field training; (b) the need for 'Professionalisation' Vs 'Craft' training; (c) leadership role models of learning and the creation of a learning culture and climate; (d) the role of knowledge management in intelligence-led and evidence-based policing; (e) the use of information technology and distance learning strategies; (f) the development of reflective practice and the gaining of lessons learnt from experience; (g) the provision of leadership development; (h) support for continuing professional development, as a part of fostering self-managed lifelong learning and, (i) the consistent Quality Assurance review of both the course curriculum and evaluation of training effectiveness at the Academy. The findings have possible implications for practice and further research in the NSW Police.

The study on different extension approaches was undertaken in the Bathurst area of New South Wales, Australia. One hundred farmers were surveyed in random pairs according to those who belong to the formal group, ???Landcare???, and those who did not. The survey included questions on personal, physical resources, ecological and economic factors, farm practices and management (including actual practice, use of extension methods and information sources) Focussing on behavioural change over time, attitudes, perceptions and intentions. The impact of extension approach on different levels of innovation was considered: simple (e.g. tree planting), medium (e.g. pasture development) and complex (soil erosion control) on behavioural change. It was hypothesised that the ???group??? extension approach should be more effective with complex innovations, but the main significant differences found were in level of tree planting (higher in government funded Landcare), money spent on erosion control (including tree planting) and attitudes to the severity of local erosion (all higher in Landcare members). There were no other differences in attitudes, intentions or change in farming practice except that non-Landcare farmers planted more pasture and applied more lime. The outcomes did not support the hypothesis, and it was not possible to distinguish the differences that did occur in performance from extension approach versus access to funds. Field days are an important extension method for the adoption of cropping by landholders. Among the different extension methods, those who conducted erosion control through pastures, preferred government officers and meetings. Those who adopted tree planting and were in Landcare preferred magazines as the extension method. This added further weight to the argument that the formal group extension approach may not be perceived by its members to have any influence on adoption at this level. Generally, mass media was more important in the early stages of adoption and personal influence more important in the evaluation stage. This also applied to simple versus complex innovations. Surprisingly all farmers placed a very high reliance on government officers for information and decision-making, particularly those in Landcare, compared to neighbours or family. Formal group extension still needs assessing but using models other than Landcare.

The gay sauna played a central role in the battle for gay liberation in Sydney during the latter part of the twentieth century. This thesis examines the conjunction of social and political forces which contributed to the acceptance of the gay sauna by Sydney???s civic society. Two questions reveal this process: 1. How was an illegal and clandestine place for homosexuals, perceived as a threat to the moral standards of Sydney, transformed into an institutional entity, legally recognised as ???crucial???, and important within particular environs of this city? 2. How did the evolving public domain of gay saunas contribute to the development of gay culture in Sydney by fostering the opportunities for individual and collective expression of homosexual practices? This study is contextualised within international and Australian studies of the sexualisation of urban spaces???such as Michel Foucault???s, Manuel Castells??? and Lawrence Knopp???s???and the role of the built environment in the development of sexual identity and sexual practices???such as Gayle Rubin???s, John Ricco???s, and Joel Brodsky???s. The first part of the thesis is an empirical analysis of development applications for gay saunas in Sydney between 1967 and 2000 which reveals the play of forces within state and local government, legislative processes, the homosexual community and broader civic stakeholders through which the gay sauna achieved acceptance in Sydney???s civic society. Two principal research approaches???documentary research and twenty in-depth interviews???were used in this first part. The second part of the thesis is an ethnography that uses twenty-nine in-depth interviews to provided a unique insight into the evolving public domain of Sydney???s gay saunas and how they fostered the experiences of gay men, allowing gay men to develop individual and collective sexual identities and practices. This exploration of the interplay of built form, sexuality, civic governance, social identity and social action provide a sociological contribution which will also be of interest to gay studies, anthropology, architecture, geography and planning. Essential to an experience of the thesis is a concurrent reading of the Special Enclosures???a schematic chronology of Sydney gay saunas, plans of Sydney and architectural plans of its saunas.