279 research outputs found
Anmeldelse af Jørn Jacobsen: Valdtekststraffebodet. Gjeldande rett og spørgsmålet om reform.
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Police Deprivation of Third Parties’ Liberty: A Field of Tension between National Police Law and the European Convention on Human Rights, as illustrated by Austin & Others v the United Kingdom
No full textIn Austin & Others v the United Kingdom The European Court of Human Rights came to the conclusion that the use of a police cordon, also known as “kettling”, where approximately 2000 people were forced to remain inside the cordon for up to eight hours, did not amount to deprivation of liberty under Article 5 (1) of the European Convention on Human Rights. This conclusion was reached by way of restrictive interpretation of the term “deprivation”. Previous case law establishes a set of criteria to be used when deciding if an infringement on the physical liberty to move from place to place constitutes a deprivation of this liberty, or merely a restriction upon it. These criteria were upheld in Austin, but were found to give room for taking into account the context and circumstances in which the police cordon was used. The previous view of the Court that the grounds justifying deprivations of liberty listed in Article 5 (1) (a-f) are exhaustive, was also upheld.
In this article the starting point is the close relationship between national police law regarding the maintenance of security and public order on one hand, and the principle of necessity on the other. It is emphasised that “necessity”-based norms in national police law can make police measures directed against innocent third parties legal, deprivations of liberty included, but that this possibility would have been absent in Article 5 (1) of the Convention without the aforementioned restrictive interpretation of the term “deprivation”. An attempt is made to show that this interpretation is in fact based on central elements of the principle of necessity. Furthermore, it is attempted to show that the restrictive interpretation can be seen as a reflection of the need acknowledged in national police law, as well as in other articles of the Convention, to direct police measures against innocent third parties
Between Earth and Sky:The work of Jørn Utzon, as an exemplary phenomenologicalapproach to modern architecture made concrete.
No full textThis paper presents a study of Jørn Utzon, as one of the most profound exponents of a phenomenological approach to modern architecture in the late twentieth century, following on from the visionary work of Frank Lloyd Wright, Le Corbusier, Alvar Aalto and Louis Kahn. According to Christian Norberg-Schulz, in Architecture: Meaning and Place, "Jørn Utzon represents a true continuation of the `new tradition´ opened by theseJørn Utzon represents a true continuation of the `new tradition´ opened by these pioneers. Because of his concrete, phenomenological approach to the world in which we live, he has been able to rescue architecture from the sterile impasse of late-modernism.In his works the basic elements of lived space become present: the earth, the sky and the `between` of human existence." Jørn Utzon's architecture ranges from the modest to the monumental; from the Kingo courtyard houses, the finest Scandinavian example of humane housing, to the sculptural abstraction and technical innovation of the Sydney Opera House, that has come to define the iconic identity not only of Sydney, but also Australia; from the understated monumentality of the Bagsværd Church with its poetic cloud-like undulating ceiling, through to such visionary unrealised projects as the subterranean Silkeborg Art Museum. Utzon's work embodies a visionary approach to architecture that is site specific and poetic, tectonic and humane; informed by a profound appreciation of nature and diversity of human cultures, as sources of inspiration and analogy, combined with a sense of architecture as art and an innovative approach to the use of technology In his work, Utzon displays a Nordic sensibility to nature and integrity of design that strives for the attainment of quality in architecture and design, through the simple, honest yet noble synthesis of form, material and function, motivated by social values. To this essentially regional response, Utzon combines a fascination for the architectural legacies of foreign cultures. These influences include the architecture of the ancient Mayan civilisation, as well as the Islamic world, China and Japan.Utzon achieves a poetic, often monumental and iconic, yet always locally sensitive architecture while subtly utilizing and expanding the meaning of transcultural influences. Jørn Utzon by his own admission likes to work at the "edge of the possible" and has often been ahead of his time. With reference to influential mentors including his tutor Professor Steen Eiler Rasmussen, author of Experiencing Architecture and Alvar Aalto, the paper will examine and present an understanding of Jørn Utzon's exemplary phenomenological approach to architectural design.</p
Constitutions and Criminal Law Reform
No full textIn 2014, a major revision of the Norwegian Constitution was carried out, the momentum being the 200th jubilee of the Constitution and of Norway’s independence in 1814. This was the first major revision of the Norwegian Constitution (the world’s second oldest, only beaten by the US Constitution). Almost ten years earlier, in 2005, a new criminal code had been enacted in Norway. In 2015, this code replaced the code of 1902. A thoroughly revised Constitution and a new criminal code are both major events in any legal order. One could therefore imagine that the Norwegian reforms were related to each other, but wrongly so. This raises the questions: Should the Constitution have played a bigger role in the reform of the criminal code and in that case - how? And more generally: How could an optimal relation between a Constitution and a criminal law reform be achieved
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