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The historical relationship between artistic activities and technology development

03-05-2019

Understanding the past of art and technology can help us to navigate the present and future. Technology and art have always been linked, and are now more intertwined than ever before. Technology and humanity create and shape each other in profound ways. People are not distinct from the technologies they are surrounded by and use – they are also defined and shaped by them. The present study contributes to our understanding of the cyclic nature of the intertwining of technology and art, focussing on ...

Understanding the past of art and technology can help us to navigate the present and future. Technology and art have always been linked, and are now more intertwined than ever before. Technology and humanity create and shape each other in profound ways. People are not distinct from the technologies they are surrounded by and use – they are also defined and shaped by them. The present study contributes to our understanding of the cyclic nature of the intertwining of technology and art, focussing on pre-digital eras

Externe Autor

DG, EPRS

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom

09-10-2017

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court structure in the UK. The study commences with an historical introduction which stresses the absence in domestic law of a clearly delineated sense of what counts as ‘constitutional’ .In traditional accounts of the UK Constitution there is no hierarchy of higher order ‘constitutional’ and ‘ordinary’ Acts of Parliament. Neither has a separate court structure developed to handle exclusively constitutional claims, although specialised ad hoc tribunals do exist in public law contexts. The underpinning principles remain (i) the doctrine of parliamentary sovereignty and (ii) the rule of law. After this introduction, a review is provided of the main remedies and procedures used for the redress of grievances against public bodies. In a subsequent section of materials, a table of the main sources of individual rights against the state is provided. The domestic status of constitutional conventions and international law are dealt with in this part. Then, an account of the substantive norms informing the standards of effective protection for the individual is given, including some critical commentary on the operation of key provisions. The concluding section compares the benefits and drawbacks of specialised tribunal adjudication, the ‘politicised’ nature of certain judicial review proceedings against a background of increasing privately-owned provision of services to the public and the continuing relevance of private law tort claims where compensation for mistreatment at the hands of the state is sought.

Externe Autor

EPRS, Comparative Law

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - United States of America

06-10-2017

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider ...

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider the various remedies available to individuals at both administrative and judicial level. The next step will be to look at the rules used as reference standards for the protection of individuals, and the case law of the highest courts regarding effective legal protection. Finally, we will draw some conclusions on the situation as a whole, with some suggestions for improvements. The immediate study describes the American model of judicial review, a decentralized model in which all courts have the authority to adjudicate constitutional matters alongside other types of litigation. Judicial review has been a part of major controversies throughout American history. The study describes how federal courts may hear constitutional claims of plaintiffs meeting the jurisdictional requirement for a concrete "case or controversy." It further describes the need for a plaintiff to demonstrate a cause of action in order to enforce his or her constitutional right. Remedies for constitutional violations include injunctive relief, declaratory judgments, damages, suppression of evidence, and post-conviction relief. The study also describes the absence in American law of a right to an effective remedy.

Externe Autor

EPRS, Comparative Law

Understanding the branches of Islam: Sunni Islam

15-02-2016

All Muslims share certain fundamental beliefs and practices. Nonetheless, over time, leadership disputes within the Muslim community have resulted in the formation of different branches, leading to the development of distinct religious identities within Islam. Sunni Islam is by far the largest branch of Islam: its followers make up 87 to 90% of the global Muslim population. The name 'Sunni Islam' derives from the term ahl al-sunna wa-l-jama'a ('people of the prophetic tradition and the community ...

All Muslims share certain fundamental beliefs and practices. Nonetheless, over time, leadership disputes within the Muslim community have resulted in the formation of different branches, leading to the development of distinct religious identities within Islam. Sunni Islam is by far the largest branch of Islam: its followers make up 87 to 90% of the global Muslim population. The name 'Sunni Islam' derives from the term ahl al-sunna wa-l-jama'a ('people of the prophetic tradition and the community'). Sunni Islam claims to represent the Muslim consensus concerning the teachings and habits of the Prophet. It originated among those Muslims who, contrary to Shiites and Khawarij, denied that Ali, Muhammad’s cousin and son-in-law, had been chosen as Muhammad's only legitimate successor. In contrast to Shiite Islam, where disagreement over the legitimate leader led to further splits into several sub-branches, Sunni Islam avoided fundamental divisions, allowing, instead, for 'pluralism within a unitary system'. This briefing offers a short overview over the distinctive features of Sunni Islam, its main institutions and holy places and the main trends in Sunni Islam today. This paper may be read together with other EPRS publications entitled Understanding the branches of Islam (September 2015) and Understanding the branches of Islam: Shia Islam (January 2016), as well as Understanding Sharia (May 2015) and Relations between Islam and the State (June 2015).

Understanding the branches of Islam: Shia Islam

11-01-2016

Islam is based on a number of shared fundamental beliefs and practices. Nonetheless, over time leadership disputes within the Muslim community have resulted in the formation of different branches of the Islamic faith, which have ultimately resulted in the development of distinct religious identities within Islam. Despite many shared religious and cultural connections, these branches differ from each other in their interpretations of certain aspects of the faith, in their view on Islamic history, ...

Islam is based on a number of shared fundamental beliefs and practices. Nonetheless, over time leadership disputes within the Muslim community have resulted in the formation of different branches of the Islamic faith, which have ultimately resulted in the development of distinct religious identities within Islam. Despite many shared religious and cultural connections, these branches differ from each other in their interpretations of certain aspects of the faith, in their view on Islamic history, or their conceptions of leadership. Followers of Shia Islam – a minority in the world's total Muslim population – believe that Ali ibn Abi Talib and his descendants are the only legitimate successors to the Prophet Muhammad. This view, however, has not spared Shiite Muslims from disagreements over the leadership, which eventually led to the emergence of numerous communities. Understanding their origins and religious foundations – in particular in relation to the much larger Sunni branch – may prove essential for a better comprehension of developments in Syria, or regional rivalries between Iran and Saudi Arabia.

Understanding the branches of Islam

23-09-2015

Islam is based on a number of shared fundamental beliefs and practices. Nonetheless, over time, leadership disputes within the Muslim community have resulted in the formation of different branches, leading to the development of distinct religious identities within Islam. A better understanding of commonalities and differences between these communities is particularly relevant today, when a large number of conflicts in the Muslim world are depicted in sectarian terms, either by reference to the ...

Islam is based on a number of shared fundamental beliefs and practices. Nonetheless, over time, leadership disputes within the Muslim community have resulted in the formation of different branches, leading to the development of distinct religious identities within Islam. A better understanding of commonalities and differences between these communities is particularly relevant today, when a large number of conflicts in the Muslim world are depicted in sectarian terms, either by reference to the 'Sunni-Shia divide' or the potential development of a 'Shiite crescent'. Regardless of the accuracy of such observations, it is clear that, since its inception, Islam has seen the emergence of a large number of different communities which are now spread around the globe. Despite the many religious and cultural connections they share, they differ from each other in their interpretations of aspects of the faith, views on Islamic history, and conceptions of leadership. This briefing offers a short introduction to some of these groups, including the estimated number and geographical distribution of adherents (if available); connections to and differences with other groups; and, in most cases, their distinctive views on leadership of the community. Attention devoted to the branches and subdivisions is not based on the respective community's size or perceived relevance; rather, the history and beliefs of some lesser-known communities were assumed to require explanation in more detail.

Relations between Islam and the state

30-06-2015

Since its inception in the 7th century AD, Islam has been the predominant religion in a great number of political entities from North Africa to south-east Asia. The desire to organise a society according to Islamic principles has spawned very different results in the course of history – not least because interpretations of Islam have varied across the regions of the world and through the ages.

Since its inception in the 7th century AD, Islam has been the predominant religion in a great number of political entities from North Africa to south-east Asia. The desire to organise a society according to Islamic principles has spawned very different results in the course of history – not least because interpretations of Islam have varied across the regions of the world and through the ages.

Understanding jihad and jihadism

18-05-2015

Since the rise of al Qaeda and, most recently, ISIL/Da'esh, the term jihad has become a ubiquitous part of public discourse on terrorism and radical Islam. Although jihad does not constitute one of the 'Five Pillars' of Muslim faith, many consider it to be a duty of the Muslim community as a whole. It is therefore important to understand the origins of the term as well as its religious and political evolution: from jihad (different kinds of religiously inspired efforts) to jihadism (a modern ideology ...

Since the rise of al Qaeda and, most recently, ISIL/Da'esh, the term jihad has become a ubiquitous part of public discourse on terrorism and radical Islam. Although jihad does not constitute one of the 'Five Pillars' of Muslim faith, many consider it to be a duty of the Muslim community as a whole. It is therefore important to understand the origins of the term as well as its religious and political evolution: from jihad (different kinds of religiously inspired efforts) to jihadism (a modern ideology).

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