The politics of judicial discretion: Rethinking the interaction between national courts and the Eurpean court of justice

The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes.     

The Tunisian Revolt: Learning from the Mistakes of the Iranian Revolution

The Great Arab Revolt of 2011 has moved swiftly from the peaceful overthrow of autocrats in the nation‐states of Tunisia and Egypt to brutal repression in the tribal societies of Libya, Syria, Bahrain and Yemen. Meanwhile, the wired youth bulge of the Middle East that brought change is dissipating into an impotent diaspora while the organized interests of the old regimes and the once‐suppressed Islamists charge ahead to power. This section examines the revolt, the reaction and the power struggles in its aftermath.     

1989 Revisited: Getting to the bottom of the GDR'S demise

Aufarbeitung von Geschichte und Folgen der SED‐Diktatur in Deutschland. Nine Volumes. By Enquete Kommission. Frankfurt/M: Suhrkamp, 1995.

Aufarbeitung und Versöhnung, ‘Leben in der DDR, Leben nach 1989’. Three Volumes. By landtag mecklenburg‐vorpommern. Schwerin: Stiller & Balewski, 1996.

The Politics of Economic Decline in East Germany, 1945–1989. By Jeffrey Kopstein. Chapel Hill and London: University of North Carolina Press, 1997.

Der Zusammenbruch der DDR am Beispiel der mecklenburgischen Stadt Parchim. By Fred Mrotzek. Hamburg: Kramer Verlag, 1996     

Disarmament,with special reference to Asia

On February 20 M. V. dc Korostovetz read a paper on Soviet Russia and her Southern Neighbours. The subject was divided into four parts: (a) The general trend of Russia's foreign policy, which, whether Imperial or Bolshevik, has differed in method rather than aim; (b) the States from Turkey to China, lying to the south of the Soviet block, with special attention to Chinese Turkestan; (c) the Ukrainian attitude to Communism; and (d) an outline of the new canals planned to make the Volga the chief waterway of Russia at the expense of the Don, and, with the refortification of the Straits, to turn the Black Sea into a mare clausum.