The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

Gender paradoxes and power—theoretical reflections with empirical awareness

Gender awareness and gender neutrality are discussed with the aid of post‐structuralist gender theories concerning paradoxes and aporias. Via paradox thinking, women's, men's and gender studies are challenged to develop perspectives on gender that are both thought and not thought, said and not said, done and not done. Paradoxes are understood as aporias, in which the researcher gets into “stuck places”. Gender dualism is put to the test as a fundamental concept. Various theories of power, such as patriarchy theories, theories of hegemonic power, and gender and queer‐theories of symbolic and discursive power are associated with gender paradoxes and gender dualism. Examples are included from the author's own research in school and gender studies.     

Wie lässt sich Demokratie am besten messen? Zur Konzeptqualität von Demokratie-Indizes

This article proposes a new instrument for the assessment of the concept quality of democracy indices. We evaluate six famous democracy measurement datasets along our instrument’s requirements and show that the indices perform quite differently: The Index on Defect Democracy receives the best scores, whereas the Freedom House Index gets the worst. In addition, we provide some new insights as to general weaknesses of democracy measurement.     

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Ohne Zusammenfassung     

What challenges offers nanotechnology to bioethics?

Though nowadays science means progress, for some people it means a moral danger. However, the progress should not be suppressed, and in every case, it should be controlled. These authors uphold that science and morality are closely linked and complementary. That is, technology, society and morality, by themselves, do not have the absolute truth and must be complemented among them without any of the three being suppressed.     

Coming to Terms with the Past in Germany after 1945 and 1989: Public Judgments on Procedures and Justice

Germany presents the unique case of a society that has been forced to come to terms with its past twice within a fifty‐year period. This double experience can contribute to our understanding of the legal processes of lustration. This paper examines a largely neglected dimension of this phenomenon: justice judgments by the general population. Justice judgments about the Nuremberg Trials and denazification after 1945 are compared to analogous procedures that took place in post‐communist East Germany after 1989. The study uses two theoretical models in its comparative approach: the Leventhal model, and the "group value" model of procedural justice set forth by Lind and Tyler. The analysis is based on survey data collected by the Office of the Military Government of the U.S. (OMGUS) from 1945 to 1949, and survey data taken in East Germany from 1989 to 1994. The results lend support to the "group value" model for the specific situation of social transition. During both periods justice judgments developed according to analogous patterns. The German experience yields some important lessons for legal policies of lustration.