The politics of judicial discretion: Rethinking the interaction between national courts and the Eurpean court of justice

The recognition that courts play a significant role in the process of European integration has focused attention on the interaction between national judges and the European Court of Justice. The prevailing theoretical model of this interaction holds that a variety of incentives impel national judges to co‐operate with the ECJ by providing it with frequent preliminary references. This article tests the ability of the model to account for the behaviour of national courts during the period 1972–94. In assessing the utility of the model two central claims are made. First, that the model as currently constructed is incapable of explaining the patterns of references originating from various member states, particularly the consistent lack of references from British courts. Second, that the level of British references, and patterns of judicial co‐operation in general, can be better understood by questioning the model's core assumption ‐ that national judges face powerful incentives to refer to the ECJ. As a first step in this direction, the article examines how the discretion to make or withhold references bestows on national judges the power to hasten or retard the pace of integration as well as to influence specific policy outcomes.     

1989 Revisited: Getting to the bottom of the GDR'S demise

Aufarbeitung von Geschichte und Folgen der SED‐Diktatur in Deutschland. Nine Volumes. By Enquete Kommission. Frankfurt/M: Suhrkamp, 1995.

Aufarbeitung und Versöhnung, ‘Leben in der DDR, Leben nach 1989’. Three Volumes. By landtag mecklenburg‐vorpommern. Schwerin: Stiller & Balewski, 1996.

The Politics of Economic Decline in East Germany, 1945–1989. By Jeffrey Kopstein. Chapel Hill and London: University of North Carolina Press, 1997.

Der Zusammenbruch der DDR am Beispiel der mecklenburgischen Stadt Parchim. By Fred Mrotzek. Hamburg: Kramer Verlag, 1996     

East German political attitudes: Socialist legacies v. situational factors a false antithesis

This paper introduces the two main competing approaches that attempt to explain east German political attitudes in post‐unification Germany, the ‘situational thesis’ and the ‘socialisation thesis’. Furthermore, the paper suggests that these ‘either/or’ approaches are in fact inseparable and only make sense when taken together. Political attitudes in east Germany are influenced by the past, the recent past and the present. The result of both the socialisation process in the GDR and the traumatic transformation process following unification is weak civic participation and a lack of trust in formal institutions. Without trust and without a vibrant civil society, economic performance will remain low.     

The Carbondale Caper

Abstract

“In July, 1950, Wesley R. Fishel, then an assistant professor of political science at Michigan State College, met Ngo Dinh Diem, a Vietnamese politician out of power, in Tokyo, Japan. The professor and the politician kept up a correspondence and, in early 1951, Fishel had his friend made a consultant to Michigan State's Governmental Research Bureau.” With these words Robert Scigliano and Guy H. Fox begin “Technical Assistance in Vietnam: The Michigan State University Experience”. The authors, whose duties with the Michigan State University Group (MSUG) in Vietnam “spanned all but four of the project's eighty-six months,” describe a university activity, infiltrated by the CIA, which still sends shudders through professors across the country.     

Rousseau's General Will: Freedom of a Particular Kind

Had Rousseau not been centrally concerned with freedom, some of the structural features of his political thought would be unaccountable. Above all, the notion of general will would not have become the core of his political philosophy. Rousseau's reasons for using 'general will' as his central political concept were essentially philosophical. The two terms of general will - 'will' and 'generality' - represent two main strands in his thought. 'Generality' stands for the rule of law, for civic education that draws us out of ourselves and towards the general (or common) good. 'Will' stands for Rousseau's conviction that civil association is 'the most voluntary act in the world', that 'to deprive your will of all freedom is to deprive your actions of all morality'. And if one could 'generalize' the will, so that it 'elects' only law, citizenship, and the common good, and avoids 'willful' self-love, then one would have a general will in Rousseau's particular sense. The distinctiveness of Rousseau's general will is further brought out through a comparison with Kant's 'good will' about which Rousseau would have felt severe doubts.