CEU Electronic Theses and Dissertations, 2019
Author | Gobronidze, Mariam |
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Title | Police Power to Stop and Search: Beyond Counterterrorist State |
Summary | In the recent period, the countries engaged in aggressive policing strategies that included widespread and often unjustified use of stop and search measures. The range of powers granted to police for carrying out such activities, and accordingly the level of protection of the individual rights, varies considerably from country to country. These differences have related to domestic contexts, such as actuality of terrorist threats, which has led to emergence of suspicionless stop and search powers. Originally, in Anglo-American models stop and search powers were used as counterterrorist tools, however, comparative analysis illustrates that these, in form conceived to tackle terrorist threats, has transformed to general crime preventive measures. The research will compare examples of the UK and Georgia from the perspective of the standards of the European Court of Human Rights (ECHR). The thesis is a reflection on the developments of a counter terrorist state in the context of stop and search powers. The central argument is that powers originally designated against terrorist threats, now has been normalized as a general preventive measure in the fight against regular crime. In this process, the stop and search powers have been adopted from counterterrorism legislation and brought to policing legislation with similar, and in extreme cases, with wider discretion. |
Supervisor | Eszter Polgari |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2019/gobronidze_mariam.pdf |
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