Verfassungsvergleichung durch Verfassungsgerichte – Funktion und Methode

Die Rolle der Verfassungsvergleichung durch Verfassungsgerichte scheint in Zeiten der Europäisierung und der Globalisierung stetig zuzunehmen. Um eine bessere Einschätzung dieser Entwicklungen vorzunehmen, sind normative und vergleichungswissenschaftliche Grundlagen der Verfassungsvergleichung zu analysieren. Neben methodischen Überlegungen ist die Bedeutung der organisatorischen Umsetzung von Verfassungsvergleichung hervorzuheben. Für das Engagement der Verfassungsgerichte im internationalen Verfassungsdialog ist die Herstellung von Transparenz erforderlich.     

Patriotism, taxation and international mobility

Patriotic citizens intrinsically prefer living in their native country compared to living in the Diaspora. In this paper, we analyze the consequences of such a “patriotic lock-in” in a world with international migration and redistributive taxation. One implication is that countries with more patriotic populations are associated with higher redistributive taxes. We then combine ISSP survey data with OECD taxation data and provide empirical evidence supporting this hypothesis. Our results provide a word of caution: the Treasury’s inherent interest in patriotic taxpayers may strengthen the political push for patriotism in an age of globalization and increased mobility.     

An evaluation of expert reports with regard to adherence to current quality standards

In early 2008 the penal system of Lower Saxony established a specialised department responsible for risk assessment regarding all prison inmates in that state. The department generates approximately 200 risk assessment expert reports per year, mainly on questions such as the inmates' aptitude for social therapy, relaxation of imprisonment conditions, and transfer to an open prison. Prof. Dr. Konrad and Dr. Heering (from the Charité's Institute for Forensic Psychiatry) have been accompanying the work of this department scientifically for at least 2 years by offering a scientific exchange and by reviewing random samples of the risk assessments and verifying the application of current standards. It is of particular interest to examine which methods are used and which topics are discussed with the inmates during the exploration for risk assessment expert reports, whether or not standardised risk scales are applied, and finally which conclusions are drawn from the results of the exploration and the information which could be gathered from court and prison files.     

Recall from informed consent counselling for cataract surgery

The authors investigated the effect of giving written material on information recall from informed consent counselling for cataract surgery. Fifty English-speaking patients who underwent non-urgent cataract extraction at Flinders Medical Centre, South Australia, were prospectively enrolled. Systematic counselling for cataract surgery was provided, with a written copy of the content given to a randomly selected group of patients (n = 24). All subjects completed a questionnaire after counselling and again at two weeks after surgery to test their satisfaction with, and recall of, information provided. Patients were found to be satisfied with the amount of information they received and most were able to recall details about the cataract surgery procedure. However, many could not recall success rates or complication rates and only a minority could list any complication. The provision of written information did not significantly alter recall (p>0.05). Recall was significantly better immediately after counselling than two weeks after surgery (p<0.05). Younger patients also had significantly better recall (p<0.05). Patients were happy with the information they had been given but did not remember enough from the informed consent process to satisfy legal requirements.     

Paolo Zacchia--the spiritual father of forensic medicine

Paolo Zacchia (1584-1659) was the personal physician of the popes Innocent X and Alexander VII, legal advisor to the Rota Romana and head of the health system in the Papal States. His most important work, written in Latin, is entitled "Quaestiones Medico-Legales" and was published in 9 volumes between 1621 and 1651. Even after Zacchia's death comprehensive reprints were published at several places up to the late 18th century. Zacchia covered all the medicolegal issues of his time including the problem of "malpractice" and medical ethics. He is rightly considered an outstanding representative of his profession, whose "Quaestiones Medico-Legales" gave legal medicine its name.