What is an absolute right? Deciphering absoluteness in the context of Article 3 of the European Convention on Human Rights

The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the ‘applicability’ criterion, which looks at whether and when the applicability of the standard referred to as absolute can be displaced, in other words whether other considerations can justify its infringement; the second parameter, which I have labelled the ‘specification’ criterion, explores the degree to which and bases on which the content of the standard characterised as absolute is specified. This theoretical framework is then used to assess key principles and issues that arise in the Strasbourg Court’s approach to Article 3. It is suggested that this analysis allows us to explore both the distinction and the interplay between the two parameters in the judicial interpretation of the right and that appreciating the significance of this is fundamental to the understanding of and discourse on the concept of an absolute right.

Ancestors of Governmentality: Accounting and Pastoral Power in the 15th Century

Foucault identified the roots of governmentality in religious beliefs and religious history with its genealogical core the equivalent of pastoral power, the art of governing people by relying on a dualistic logic; individualization and totalization. This technology of power arose and matured within the Roman Catholic Church and provided a model for many states in the achievement and exercise of power. Informed by the work of Foucault on pastoral power the present work examines the genealogical core of governmentality in the context of the Roman Catholic Church at a time of great crisis in the 15th century when the Roman Catholic Church was undergoing reform instituted by Pope Eugenius IV (1431-1447). The contributions of accounting to pastoral power are shown in this study to have been pivotal in restoring the Church’s standing and influence. Accounting was one of the technologies that allowed the bishops to control both the diocese as a whole and each priest, to subjugate the priests to the bishops’ authority and, thereby, to govern the diocese through a never-ending extraction of truth.

Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg’s discourse on the justified use of force

This article discusses the discourse on the justified use of force in the Strasbourg Court’s analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3’s absolute nature.

Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution

The recent judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Vinter and others v United Kingdom provides a much needed clarification of the parameters of the prohibition on inhuman and degrading punishment under Article 3 of the European Convention on Human Rights (ECHR) as it applies to whole life orders of imprisonment under mandatory life sentences – essentially, life imprisonment without parole. The Grand Chamber’s judgment refines Strasbourg doctrine on life imprisonment and the prospect of release and illuminates key principles concerning inhuman and degrading punishment under Article 3 of the ECHR. This article considers the judgment’s profound significance in relation to both human rights and penology.

Battery modelling methods for electric vehicles - a review

Electric vehicles (EVs) and hybrid electric vehicles (HEVs) are rapidly gaining popularity as a means of de-carbonization in the transport sector in tackling sustainable energy supply and environment pollution problems. To build a proper battery model is essential in predicting battery behaviour under various operating conditions for avoiding unsafe battery operations and developing proper controlling algorithms and maintenance strategies. This paper presents a comprehensive review of battery modelling methods. In particular, the mechanism and characteristics of Li-ion batteries are presented, and different modelling methods are discussed. Considering that equivalent electric circuit models (EECMs) are the most widely used, a detailed analysis of the modelling procedure is presented.

Higher education for democratic innovation

A comparative examination of the role of higher education in promoting democratic values and practice in a changing world. The book examines case studies of regions facing specific challenges arsing form conflict or disadvantage, the role of universities as anchor institutions, strategies for inclusion and the role of new technologies.

Civic engagement in a divided society: the role of Queen’s University Belfast in Northern Ireland

The purpose of this paper is to examine the role of a university in a society emerging from decades of political violence and to show ways in which public engagement can help promote democratic practice and contribute to the strengthening of peace. Our understanding of the concept of public engagement follows the UK National Coordinating Centre for Public Engagement definition:

'Public engagement describes the myriad of ways in which the activity and benefits of higher education and research can be shared with the public. Engagement is by definition a two-way process, involving interaction and listening, with the goal of generating mutual benefit .'

The case study is provided by the example of Queen's University Belfast. We will begin by examining some of the history and context of the university, then discuss the political and social context of Northern Ireland, before going on to examine some of the publicly engaged work being carried out by Queen's and consider how this might be taken forward.

Dublin 1916: theatre of revolt

At Easter 1916, Dublin city centre was one of a series of sites throughout Ireland where a rebellion was staged against British rule. It was a strategic failure, swiftly crushed by superior British forces. The event, however, subsequently took a central role in the mythology of modern Ireland.

The first visual representations were of the conflict’s aftermath: photographic journeys through landscapes of ruin. From the distance of the camera, we see none of the pockmarks of shell bursts, nor the etchings of machine guns. Instead, traces of life in the city seem to have been swept aside by an unseen hand: the passing of millennia or a violent action of nature. Architecture alone has witnessed and recorded its presence. Amongst the fragments, the shell of the General Post Office (G.P.O.) in Sackville Street is one of the few buildings still wholly recognizable. The remnants of its classical form, portico and pediment, columns and entablature seem to transcend its prosaic modern functions and allude to something more ancient. The bewilderment of city’s inhabitants is also recorded. Dubliners have become inquisitive tourists in streets which hitherto were the locus of everyday life. They wander around aimlessly in a landscape as alien and picturesque as Pompeii. This shift in perception was captured by the Irish poet W.B. Yeats who hinted that Dublin, purged of modern commercialism had transcended its petty inadequacies to revive a slumbering heroic past.

‘I have met them at the close of day
Coming with vivid faces
From counter or desk among grey
Eighteenth-century houses [.]’
All is changed, changed utterly:
A terrible beauty is born.’

His comments were prescient. Initially unpopular, the republican leaders, executed by the British, slowly became recast as heroic martyrs. Similarly, the spaces where their heroism was forged became venerated. The G.P.O. and Sackville Street, however, already had a republican history. It was originally conceived in the eighteenth century as part of a series of magnificent urban spaces to provide an arena of spectacle and self-celebration for the colonial Anglo-Irish and their vision of a Protestant republic. O’Connell/Sackville Street became the temporal, geographical and mythical hinge upon which two different versions of Irish republicanism waxed and waned. Its recasting after independence as a space of Catholic Nationalism bore testimony to its consistency in providing a backdrop for the production of ritual and myth. In the 1920s and 30s, as the nascent country, beset with economic stagnation and political tensions, turned to spectacle as a salve for it social problems, O’Connell Street and the G.P.O. provided its most sacred sites. Within the introduction of new myths, however, individual as well as national identities were created and consolidated. The emerging identity of modern Ireland became inextricably linked with that of one ambitious politician. His uses of the G.P.O. in particular revealed a perceptive understanding of the political uses of classical architecture and urban space.

Parametric scans of HB and LS-RPA regimes employing Petawatt laser

By contrast to the Target Normal Sheath acceleration (TNSA) mechanism [1], Radiation Pressure Acceleration (RPA) is currently attracting a substantial amount of experimental [2,3] and theoretical [4-6] attention worldwide due to its superior scaling in terms of ion energy and laser-ion conversion efficiency. Employing Vulcan Petawatt lasers of the Rutherford Appleton Laboratory, UK, both the Hole-boring (HB) and the Light-Sail (LS) regimes of the RPA have been extensively explored. When the target thickness is of the order of hole-boring velocity times the laser pulse duration, highly collimated plasma jets of near solid density are ejected from the foil, lasting up to ns after the laser interaction. By changing the linear polarisation of the laser to circular, improved homogeneity in the jet's spatial density profile is achieved which suggests more uniform and sustained radiation pressure drive on target ions. By decreasing the target areal density or increasing irradiance on the target, the LS regime of the RPA is accessed where relatively high flux (~ 1012 particles/MeV/Sr) of ions are accelerated to ~ 10 MeV/nucleon energies in a narrow energy bandwidth. The ion energy scaling obtained from the parametric scans agrees well with theoretical estimation based on RPA mechanism and the narrow bandwidth feature in the ion spectra is studied by 2D particle-in-simulations.

O termo de Silves do pombalismo ao liberalismo: a reorganização administrativa

Dissertação de mest., História do Algarve, Faculdade de Ciências Humanas e Sociais, Univ. do Algarve, 2011