The policy origins of the European economic constitution

This article traces the origins of the European economic constitution in the debate on Article 30 of the EC Treaty (general rule on the free movement of goods) between 1966 and 1969, which resulted in Directive 70/50. In this, the first archive‐based analysis of the policy origins of the Court's Dassonville (1974) decision, the article demonstrates that there was a strong continuity in the investment by a number of key actors in focusing on Article 30 to create the single market from the mid‐1960s. These civil servants and lawyers provided the backbone for the Commission's transformation of the Cassis de Dijon judgment (1979) into a powerful tool, driving back the need for legislative harmonisation and making it a cornerstone of the Single European Act of 1986. The article therefore analyses one of the key moments in the transformation of European law.     

The economic constitution and the political constitution: seeking the common good in the post-national setting

In the post-national setting, the concept of the ‘economic constitution’ has been seen as design template and saviour; whether based on transactional certitude or founded on ordoliberal precepts, the economic constitution is assumed to legitimate economic integration across national borders in the absence of comprehensive political settlement. Nevertheless, recent tensions – not only within the European Union (EU) but also, more strikingly, within the World Trade Organization context – indicate the limits of economic constitutionalism. This article seeks to identify the roots of recent dysfunction within the history and theory of economic constitutionalism. It traces the evolution of an adjudicational economic constitutionalism and its place within the EU legal order, including the new EU Charter of Fundamental Rights, and contrasts this vision with the more comprehensive and/or socialized models of economic constitutionalism found not only within the Weimar Republic but also within the post-revolutionary/post-conflict constitutional context. The article also places a major emphasis on theorizing around the apex of economic-constitutional thought, ordoliberalism, but concludes that no concept of the economic constitution can be seen in isolation from its social-political context, or from notions of the common good. To this exact degree, failures in modern economic constitutionalism may derive from a misplaced universalism – a technocratic absolutism that abdicates political responsibility for the common good, locating it instead in an ‘idolatry of the factual’ or a new naturalism of market inevitability.     

Temperance and the origins of the new penology

This article discusses the nineteenth century origins of indeterminate sentencing and discretionary penology. Was this idea an offshoot of contemporary positivist criminology, emanating from Europe, or was it a separate development in the United States? It is argued that although European influences were felt, the “new penology” was clearly an American product. However, it did not derive either from new insights in social science, or from simple reforming zeal. Rather, the new penology is seen here as an outgrowth of the contemporaneous temperance movement, which in turn resulted from social and ethnic conflict. The article suggests that the temperance movement was central to the evolution of discretionary penology, and crucial in keeping these ideas alive until the new positivism made itself felt. In summary, the temperance movement is seen as a vital, through understudied, force in the evolution of the twentieth century justice system in the United States.     

The "skin-skull-brain model": a new instrument for the study of gunshot effects

In order to create and study wound morphology, a "skin-skull-brain model" had to be designed which would make the laboratory reproduction of a real ballistic injury possible.To simulate the human skin, an artificial skin (a silicon cap) is used. This silicon scalp contains synthetic fibers (artificial leather) to simulate the collagen and fat of the scalp. The artificial skull is a layered polyurethane sphere (19 cm o.d.; and 5, 6, or 7 mm thick) constructed in a specially designed form with a Tabula externa, Tabula interna, and a porous Diploe sandwiched in between. The periostium of the artificial skull is made of latex. This elastic latex layer prevents the bone fragments from scattering after the model has been struck by gunfire. The brain itself is simulated with ordnance gelatin, 10% at 4 degrees C, a material well known in wound ballistics. Gunshots were fired at a distance of 10 m from the model.During the evaluation of the "skin-skull-brain model", it was possible to show that injuries inflicted to this model are fully comparable to the morphology of equivalent real gunshot injuries.Using the "skin-skull-brain model" has some significant advantages: the model is inexpensive, easy to construct, instantly available for use, and eliminates ethics conflicts. The main advantage of such a model is, in comparison with biological substances, the high reproducibility of inflicted traumas.     

The impact of South Africa's new constitution on the organization of health services in the post-apartheid era

This essay evaluates the transformation of the health care system in South Africa in the five years following the end of apartheid. This period has witnessed dramatic and wide-ranging changes in the roles of the central and provincial governments as well as many of the same problems related to decentralization as have been seen elsewhere in the world. The importance of effective intergovernmental relations to the creation of a national health system is highlighted. Negotiation. contracting, and coordination skills and mechanisms need to be strengthened to ensure a more effective national health system within a decentralized political system.     

关于宪法的历史考查

中国古代有宪法、宪令之类的语词 ,其基本含义是大法。宪令的“大”或“重要”的含义与其发布形式有一定关系。近人也赋予宪法以大的含义 ,但与今之宪法相应的“大”或“重要”的含义主要表现在“组织”、“结构”、“确定”上。中国古代没有组织、结构、确定意义上的宪法     

刑事影像技术新体系

目的阐述刑事影像领域内影像技术及应用的现状和发展。方法从理论方面研究国内外刑事影像技术文献。结果提出了刑事影像影像技术新的框架体系。结论刑事影像技术三个主要组成部分是影像成像检验、影像分析检验和影像合成演示。     

The origins of Iran-Contra: Lessons from the Durrani Affair

This essay concentrates on the hitherto unknown origins ofIran-Contra. Through a series of interviews with participantsand access to previously private papers, the essay establishesthe role played by the U.S. and Israel in initiating arms deals with Iran before any hostage taking in Lebanon. Therefore,it corrects the proposition advanced by Special Prosecutor Walsh and others who linked the clandestine sale of weaponsto Iran with the deteriorating situation in Lebanon.     

论紧急状态法律体系之构建

在紧急状态下，常规、法律体系已然不适应实际需要，本文论述了紧急状态法律体系的构建。     

Making the rules and breaking the rules: the political origins of corporate corruption in the new economy

Recent scandals at companies like Enron and WorldCom have pointed to the systemic origins of many corporate frauds. This paper advances the argument that behind those scandals were strategic political actions that changed the regulatory and legal environment in which those firms operated and created criminogenic institutional frameworks that facilitated acts of corporate corruption. Three case studies involving (1) the California energy crisis of the late 1990's, (2) the regulation of energy derivatives, and (3) accounting treatments of stock options, are presented to illustrate how markets and the rules that govern them are the products of political processes and how they can create motivations and opportunities for corporate fraud. The implications these case studies have for the study of corporate crime and corruption are discussed.     

论紧急状态法律体系之构建

在紧急状态下,常规、法律体系已然不适应实际需要,本文论述了紧急状态法律体系的构建.     

平等权宪法规范内涵

我国宪法规定中华人民共和国公民在法律面前一律平等,同时时民族平等、男女平等、选举和被选举的平等、受教育平等以及劳动就业平等进行了规定,从而构成了较完整的平等权规范体系.在该规范体系中,平等既是宪法的基本价值之一, 又是法律适用的原则, 同时还是一项具有具体内容的宪法权利.它强调平等不仅是形式平等与实质平等的统一,还是法律适用平等与立法平等的结合.     

The origins of quare impedit

The writ of quare impedit was, until the mid-nineteenth century, a standard real action for the recovery of advowsons. This article argues that the writ was most likely created between 1187 and 1196, and that it was, at least in part, a response to pressure from religious houses that acquired advowsons by charter of gift and were precluded from bringing the writ of right of advowson or the assize of darrein presentment.