Executive Power and Republican Principles at the Founding of the Fifth Republic

This article examines the understanding of executive power in the debates at the founding of the Fifth Republic in 1958. The examination discovered a concept of executive power quite different from the real executive power revealed in the history of the Fifth Republic. The framers of the constitution intended to place the prime minister at the head of the executive power and to shield him from removal by the President of the Republic. The direct election of the president, brought about by the problematic constitutional amendment of 1962, provided the legitimacy for the de facto dominant role of the president apart from the two cohabitation periods.     

Policing By Command: Enhancing Law Enforcement Capacity Through Coercion

This article addresses the numerous ways command or coercion is used by the state to enhance law enforcement, ways that involve creative interactions with both the targets of law enforcement and third parties. Coercive measures encompass both mandatory reporting and mandatory action. Examples are given and the benefits of using coercion in such circumstances discussed. However, coercion may also have unintended consequences and impose unreasonable costs. With these effects in mind, the authors suggest a set of guidelines for evaluating the appropriateness of coercive measures.     

Deregulation in Austria

Abstract. Since the new grand coalition government took office in 1986, deregulation has become an official goal of government policy in Austria. The article describes debates, measures and countervailing tendencies in three areas of deregulation: delegislation, privatization and the promotion of competition. Because deregulation initiatives have not been very effective the conclusion discusses political constraints and opportunities for such policies in the future.     

PRETRIAL RELEASE AND BAIL DECISIONS

This study examines the relative effects of a number of legal and extralegal factors on (1) the decision to release on recognizance and (2) the decision on amount of money bail. Social science research on these issues has been sparse compared to that on other phases of the criminal justice process. Findings from a regression analysis show that the first step of the bond disposition process, the recognizance decision, is influenced by several factors. The demeanor of defendants in open court is the most important. Net of other influences, good demeanor increases the probability of release on recognizance by 34.8%. In cases where recognizance is denied, only two variables are related significantly to the amount of money bond. Net of other influences, a felony offense (as opposed to a misdemeanor) increases predicted bail by $2300, and poor demeanor increases the predicted bail required by $1600.