The analytical approach of the European Court of Human Rights in surveillance cases—the implications, justifications, and future of the Court’s reasoning, with a focus on the legislative impact in Ireland

A notable feature of the surveillance case law of the European Court of Human Rights has been the tendency of the Court to focus on the “in accordance with the law” aspect of the Article 8 ECHR inquiry. This focus has been the subject of some criticism, but the impact of this approach on the manner in which domestic surveillance legislation has been formulated in the Party States has received little scholarly attention. This thesis addresses that gap in the literature through its consideration of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act, 2009. While both Acts provide several of the safeguards endorsed by the European Court of Human Rights, this thesis finds that they suffer from a number of crucial weaknesses that undermine the protection of privacy. This thesis demonstrates how the focus of the European Court of Human Rights on the “in accordance with the law” test has resulted in some positive legislative change. Notwithstanding this fact, it is maintained that the legality approach has gained prominence at the expense of a full consideration of the “necessary in a democratic society” inquiry. This has resulted in superficial legislative responses at the domestic level, including from the Irish government. Notably, through the examination of a number of more recent cases, this project discerns a significant alteration in the interpretive approach adopted by the European Court of Human Rights regarding the application of the necessity test. The implications of this development are considered and the outlook for Irish surveillance legislation is assessed.

The print block and the digital cylinder

Purpose – To consider the economic and physical impact of electronic journals on remotely stored print stock. Design/methodology/approach – A collection of print journals was used as an object for consideration. Physical and heritage aspects of the collection are examined and questions are posed regarding the wisdom of future retention in response to increased demand for electronic alternatives. Findings – Emerging trends predict a predominance of periodical literature in electronic form. The future of local remote storage for low demand printed journal collections needs to be evaluated in economic as well as cultural terms. Research limitations/implications – Based on a collection at the Boole Library, University College Cork, Ireland. Practical implications – Similar consideration should be given to collections in other regional libraries. Originality/value – Contributes to discussions on the long-term value of retaining print journal holdings.

Automatic detection of learner-style for adaptive eLearning

The advent of modern wireless technologies has seen a shift in focus towards the design and development of educational systems for deployment through mobile devices. The use of mobile phones, tablets and Personal Digital Assistants (PDAs) is steadily growing across the educational sector as a whole. Mobile learning (mLearning) systems developed for deployment on such devices hold great significance for the future of education. However, mLearning systems must be built around the particular learner’s needs based on both their motivation to learn and subsequent learning outcomes. This thesis investigates how biometric technologies, in particular accelerometer and eye-tracking technologies, could effectively be employed within the development of mobile learning systems to facilitate the needs of individual learners. The creation of personalised learning environments must enable the achievement of improved learning outcomes for users, particularly at an individual level. Therefore consideration is given to individual learning-style differences within the electronic learning (eLearning) space. The overall area of eLearning is considered and areas such as biometric technology and educational psychology are explored for the development of personalised educational systems. This thesis explains the basis of the author’s hypotheses and presents the results of several studies carried out throughout the PhD research period. These results show that both accelerometer and eye-tracking technologies can be employed as an Human Computer Interaction (HCI) method in the detection of student learning-styles to facilitate the provision of automatically adapted eLearning spaces. Finally the author provides recommendations for developers in the creation of adaptive mobile learning systems through the employment of biometric technology as a user interaction tool within mLearning applications. Further research paths are identified and a roadmap for future of research in this area is defined.

Politics, Power, PISA: a genealogy of mathematics education policy at second level in Ireland at the beginning of the 21st century

This thesis traces a genealogy of the discourse of mathematics education reform in Ireland at the beginning of the twenty first century at a time when the hegemonic political discourse is that of neoliberalism. It draws on the work of Michel Foucault to identify the network of power relations involved in the development of a single case of curriculum reform – in this case Project Maths. It identifies the construction of an apparatus within the fields of politics, economics and education, the elements of which include institutions like the OECD and the Government, the bureaucracy, expert groups and special interest groups, the media, the school, the State, state assessment and international assessment. Five major themes in educational reform emerge from the analysis: the arrival of neoliberal governance in Ireland; the triumph of human capital theory as the hegemonic educational philosophy here; the dominant role of OECD/PISA and its values in the mathematics education discourse in Ireland; the fetishisation of western scientific knowledge and knowledge as commodity; and the formation of a new kind of subjectivity, namely the subjectivity of the young person as a form of human-capital-to-be. In particular, it provides a critical analysis of the influence of OECD/PISA on the development of mathematics education policy here – especially on Project Maths curriculum, assessment and pedagogy. It unpacks the arguments in favour of curriculum change and lays bare their ideological foundations. This discourse contextualises educational change as occurring within a rapidly changing economic environment where the concept of the State’s economic aspirations and developments in science, technology and communications are reshaping both the focus of business and the demands being put on education. Within this discourse, education is to be repurposed and its consequences measured against the paradigm of the Knowledge Economy – usually characterised as the inevitable or necessary future of a carefully defined present.