Editors' Note

Editorial Introduction

Editors' Note     

The State Constitutional Pedigree of the U.S. Bill of Rights

A direct comparison between the U.S. Bill of Rights and prominentEnglish common law documents shows that the first ten amendmentsto the U.S. Constitution have only a limited relationship toEnglish antecedents. Nor were the amendment proposals by thestate ratifying conventions the primary source of the U.S. Billof Rights. Instead, this famous addition to the federal Constitutionwas a summary of the common core found in the seven existingstate bills of rights. James Madison's use of this source restedupon colonial developments in rights theory, contrasting notionsof rights in England and America, competing notions of libertyin America in the 1780s, and the political exigencies surroundingthe ratification of the U.S. Constitution.     

The Iroquois Confederation Constitution: An Analysis

The Iroquois Confederation was not an influence on the U.S.Constitution, but it is worthy of study as an independentlydeveloped political system with the oldest surviving constitutionin North America. A systematic institutional analysis of theGreat Binding Law, the orally transmitted constitution of theConfederation, reveals, among other things: tribal inequalitydespite their formal equality under a unanimity rule; a highlevel of responsiveness despite a nondemocratic, elitist methodfor selecting leaders; many ancillary institutions for achievinga traditional form of consensus rather than simple majorityrule; two means of elevating men to the Confederation Council,each a paradoxical blend of the pre political and the post-traditional;the first use of a formal amendment process in constitutionalhistory; and an underlying "code of imperialism" that, togetherwith the second method of selecting Confederation Council members,transformed a defensive alliance into a potent actor in NorthAmerican history. Overall, the Confederation institutionallyapproximated an Aristotelian "mixed regime" which, despite itscreation under circumstances the Iroquois describe in Hobbesianterms, was quite libertarian.     

Mitochondrial DNA in the Central European population. Human identification with the help of the forensic mt-DNA D-loop-base database

Sequencing of mtDNA is an advanced method for the individualisation of traces. Disadvantages of this method are expensive and time-consuming analysis and evaluation procedures as well as the necessary stock of population-genetic data which is still insufficient. Central European institutes of forensic medicine from Germany, Austria, and Switzerland have been working together since the beginning of 1998 to establish a mtDNA database. The aim is to build up a large stock of forensically established data and provide population-genetic data for frequency investigations, which will serve as a basis for expert opinions and scientific research. Good data quality is ensured by using original sequences only. Ring tests, which have been conducted to enhance analytical reliability, revealed a high correspondence rate of the analytical results obtained by the individual member institutes. Today 1410 sequences are available for comparison, of which 1285 sequences in the HV1 and HV2 regions cover the full ranges from 16051 to 16365 and from 73 to 340 (according to Anderson). The major part is formed by Central European sequences comprising 1256 data sets from Germany, Austria, and Switzerland. Today the database contains sequences from a total of 12 European, six African and three Asian countries including 100 sequences from Japan. This paper is aimed at discussing the individualisation potentials of mtDNA as well as the possibilities and limits of ethnic differentiation by means of pairwise sequence differences on the basis of the data stock available.     

Analyzing trade opening in Ukraine: effects of a customs union with the EU

This paper analyzes the possible effects of a customs union between Ukraine and the European Union. The GTAP multi-country simulation model of Purdue University’s Center for Global Trade Analysis is applied. The welfare measure evaluated is the change in equivalent variation (EV). As all incomes in the model accrue to a representative household, EV fully assesses possible welfare benefits for Ukraine from bilateral tariff elimination on trade with the EU. As the model includes Ukraine in the aggregated “Former Soviet Union” region (FSU), EV is estimated for the FSU and then disaggregated on the industry level proportionally to trade shares. The results of our simulations suggest that Ukraine’s EV is particularly sensitive to the inclusion of the agricultural sector into a customs union. Due to the highly protected nature of this sector within the EU, Ukraine would be better off if agriculture were excluded from liberalization. If this scenario is assumed, Ukraine’s monetary gain would be in the order of $40 million.

Thinking About Constitutionalism at the Start of the Twenty-First Century

At the beginning of a new century, constitutional democracyseems ascendant almost to the point of a universal inevitability.What follows is in part a cautionary tale and in part an assessmentof where we now stand in one of history's most hopeful long-termtrends. An examination of the diffusion of constitutional democracy,and of general trends in cross-national constitutional developmentssince World War II, leads to a consideration of the manner andextent to which modern constitutionalism embodies a recapitulationof human cultural and political evolution. The culture-power-justicenexus that characterizes modem constitutionalism was first dissectedby Montesquieu, and an examination of his approach to constitutionalismprovides a useful window into why we developed the politicaltechnology of constitutional democracy and why the future ofthis technology is not a foregone conclusion.