Crown and parliament in Prussia 1848–1866∗

Summary

Max Weber and the Problem of Parliamentarism in Germany at the End of the First World War

At the end of the First World War Weber was concerned with the problem of the establishment of a new political system in Germany. For a short time he took part in the activities of the newly formed German Democratic Party, and he collaborated in the drawing up of the first constitutional proposal. His theoretical contribution is mainly to be found in his essay, ‘Deutschlands künftige Staatsform’.

First of all, Weber insisted on the importance of parliamentary institutions, because they promote the selection of qualified political leaders and they keep the bureaucracy under control. He also supported the theory of the separation of powers which ensures reciprocal controls on every side. He defended the right of enquiry and respect for minorities. He proposed a bicameral system, each chamber with different powers, and attached much importance to the role of the State President.

In the first constitutional project, Weber's views were taken very much into account, but their influence on the final drafting of the Weimar Constitution was much more limited.     

Bureaucratic power at play? The performance of the EU in the International Atomic Energy Agency

This article examines the performance of the European Union (EU) in the International Atomic Energy Agency (IAEA). Following Barnett and Finnemore, the article argues that the EU as an intergovernmental organization (IO) possesses bureaucratic power based on high technical knowledge and rational–legal authority that it can use to gain influence in the Agency. The EU uses its technical knowledge to be a first-mover in political and technical discussions, and uses its financial support to influence the Agency's technical standards and practices for nuclear safeguards, security, and safety. Nevertheless, the analysis shows that its rational–legal authority as an international organization is limited. Being a regional IO, it does not automatically possess the impartiality and hence legitimacy that ordinarily characterize an international organization. Thus, to further improve its performance in the IAEA, the EU must look beyond internal policy issues and focus on its external legitimacy and standing as well.     

Methyl tert‐Butyl Ether (MTBE) Detected in Abnormally High Concentrations in Postmortem Blood and Urine from Two Persons Found Dead Inside a Car Containing a Gasoline Spill

Two deep frozen persons, a female and a male, were found dead in a car. There had been an explosive fire inside the car which had extinguished itself. On the floor inside the car were large pools of liquid which smelled of gasoline. The autopsy findings and routine toxicological analyses could not explain the cause of death. Carboxyhemoglobin levels in the blood samples were <10%. Analysis with a headspace gas chromatography revealed methyl tert‐butyl ether (MTBE) concentrations of 185 mg/L (female victim) and 115 mg/L (male victim) in peripheral blood. The urine MTBE concentrations were 150 mg/L and 256 mg/L, respectively. MTBE is a synthetic chemical which is added to gasoline as a fuel oxygenate. Gasoline poisoning is likely to be the cause of the death in these two cases, and MTBE can be a suitable marker of gasoline exposure, when other volatile components have vaporized.     

Rationalism in Public Law

Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher Michael Oakeshott in a series of essays published in the 1940s and 1950s. Rationalism, for Oakeshott, is shorthand for a propensity to prioritise the universal over the local, the uniform over the particular and, ultimately, principle over practice. It culminates in the triumph of abstract principles over practical knowledge in a manner that erodes our ability to engage in political activity. Although Oakeshott's critique was made with the practice and study of politics in mind, it has a wider relevance. Rationalism, as we see it, has become the dominant style in public law. We draw upon Oakeshott's critique to elucidate the risks associated with rationalism in public law and call for a renewed engagement with practical knowledge in the study of the constitution.     

Portfolio Saliency and Ministerial Turnover: Dynamics in Scandinavian Postwar Cabinets

Why do certain ministers remain in their post for years while others have their time in office cut short? Drawing on the broader literature on portfolio allocation, this article argues that the saliency of individual portfolios shapes ministerial turnover. The main argument is that ministerial dismissals are less likely to occur the higher the saliency attributed to the ministerial portfolio since ministers appointed to important posts are more likely to have been through extensive screening before appointment. Importantly, it is also posited in the article that the effect of portfolio salience is conditioned by government approval ratings: when government ratings are on the decline, prime ministers are less likely to reshuffle or fire important ministers than when approval ratings are improving. To test these claims, Cox proportional hazards models are applied to a new dataset on ministerial turnover in Scandinavia during the postwar period. The results strongly support the proposition that portfolio saliency matters for ministerial survival, and that this effect is moderated by government popularity.     

National Parliamentary Control of European Union Affairs: A Cross-national and Longitudinal Comparison

The article tests the argument that group–membership relations vary between public interest groups and other types of groups. While public interest groups draw their members from diffuse constituencies supporting the causes of the groups, sectional groups exhibit a closer correspondence between the interests advanced and the members recruited. According to the literature, differences can therefore be expected both in the patterns of membership recruitment and in the degree of membership influence in groups. The analysis draws on a survey of all national interest groups in Denmark. It demonstrates that public interest groups differ from other groups in their patterns of membership recruitment. However, it finds no tendency for public interest groups to be either less or more democratic than the average group.     

Contesting Landscapes in Thailand: Tree Ordination as Counter-territorialization

Recently, authors Vandergeest and Peluso have discussed the process of territorialization in Siam/Thailand, where the state has gradually expanded its control over natural resources through its legal machinery and associated classifications of the natural environment. While Vandergeest and Peluso focus on the process of territorialization from the perspective of the Thai State, this article examines the same process from the perspective of nongovernmental organizations and forest--dwelling farmers. Of particular interest is a project launched by the Northern Farmer's Network to “ordain” 50 million trees in community forests throughout Northern Thailand in 1996 to celebrate the fiftieth anniversary of the king's accession to the throne. This essentially Buddhist ceremony has since been conducted in numerous Buddhist as well as non-Buddhist rural communities. The authors argue that these communities apply the tree ordination ceremony as a tool to counter the territorialization of the Thai state by reasserting local identities and environmental responsibilities. By invoking Buddhist symbols and the honor of the king, the rural groups–many of which fear eviction from forested areas classified as national parks–identify themselves positively with modern Thai society in order to contest their public depiction as “enemies of the nation.” This article analyzes the process of territorialization and counter-territorialization in Thai society by discussing classifications and associated landscapes in the environmental debate in Thailand. Furthermore, the tree ordination project undertaken by the Northern Farmers' Network is analyzed based on cases from the Mae Chaem district in Chiang Mai Province.