The Influence of the EU and the ECHR on ‘Parliamentary Sovereignty Regimes’: Assessing the Impact of European Integration on the British and Swedish Judiciaries

The paper analyses the consequences of European integration processes upon the judicial systems of the so‐called ‘parliamentary sovereignty regimes’, focusing on the British and Swedish judiciaries. The aim is to understand if the influences coming from European integration, favouring the expansion of domestic judicial power, have prevailed, or the traditional distrust of such countries in judicial power has prevented the empowerment of the domestic courts. The influences on the judicial systems are evaluated distinguishing judicial capacity, judicial attitudes and judicial independence. The paper argues that the political relevance of judges has strongly increased. However, while European integration has deeply transformed the formal means at disposal of judges, because of political and judicial culture the changes in actual judges' behaviour have been much more limited. Moreover, the paper highlights some unexpected ways in which European integration can affect the domestic political systems (eg favouring certain legislative reforms or legal principles).     

Vṛṣabhadeva’s Sphuṭākṣarā on Bhartṛhari’s Metaphysics: Commentarial Strategy and New Interpretations

Although somewhat neglected in the scholarly debate, V??abhadeva’s commentary (known as Sphu?āk?arā or Paddhati, possibly 8th c. CE) on Vākyapadīya’s first chapter, offers a remarkable analysis of Bhart?hari’s views on metaphysics and philosophy of language. Vākyapadīya’s first four kārikās deal with ontological issues, defining the key elements of Bhart?hari’s non-dualistic edifice such as the properties of the unitary principle, its powers, the role of time and the ontological status of worldly objects. V??abhadeva’s interpretation of the kārikās in question is intriguing and seems to be guided by the urgency to find a solution to the riddle which every non-dualistic theory has to face: how is it possible to postulate a unitary principle of reality when reality is cognized as multiple? In accomplishing the task V??abhadeva proposes various solutions (some of them based on concepts which are hardly detectable in Vākyapadīya and appear close to the ones propounded in certain trends of Advaita Vedānta), finally suggesting an explanation which, focusing on the pragmatic aspect of language, is altogether consistent with Bhart?hari’s theoretical picture.     

Local Politics Online: The Influence of Presumed Influence on Local Politicians’ Online Communication Activities in Germany

Abstract

How extensively local politicians use online media to communicate with others and the factors that influence their online activities have rarely been examined. In particular, it is unknown whether local politicians use online media more extensively when they believe that online media has a strong political influence on others. To examine this, a standardised survey among German local politicians was conducted (n = 608). The results showed the following: The stronger the politicians perceive the influence of facebook and Twitter on journalists to be, the more extensively they spread information via these social media networks. However, the presumed influences on the public or on other politicians do not affect those online activities. Thus, local politicians apparently do not pursue a disintermediation strategy – they do not try to bypass journalism by directly addressing the public. Rather, journalists seem to be an important target group for local politicians’ online communication efforts.     

Intelligence,Crisis, and Democracy: Institutional Punctuations in Brazil,Colombia, South Africa,and India

This article analyzes why institutional crises are bound to happen and how they impact on national intelligence systems’ development. Punctuated Equilibrium theory is reviewed and employed to explain one institutional crisis in each of Brazil, Colombia, South Africa, and India. In Brazil, the case study is the fall of the Brazilian Intelligence Agency (ABIN) director in 2008, following the Satiagraha operation conducted by the Federal Police Department (DPF). In Colombia, the 2009 wiretapping scandal known as chuzadas is examined. In South Africa, the investigation in Project Avani (2006–8) is reviewed. Finally, in India the case study is the intelligence crisis following the Mumbai terrorist attacks in 2008. We found that institutional crises are inevitable because there are tensions between security and democracy, both being co-evolutionary dimensions of successful contemporary state building. However, the impacts of such crises vary across the four cases pending on three variables: (1) degree of functional specialization inside the national intelligence system; (2) degree of external public control over the national intelligence system; (3) whether effectiveness, legitimacy or both were the main drivers of the crisis. Our analysis of the four case studies suggests that the amount of positive institutional change in the aftermath of an intelligence crisis is greater in countries with more functional specialization and stronger external control mechanisms.     

Constitutionalism and Dissonances: Has Europe Paid Off Its Debt to Functionalism?

Abstract The negative outcomes of the French and Dutch referenda on the Constitutional Treaty have opened a period of profound constitutional disenchantment in relation to the EU. This impression seems confirmed by the recent Presidency Conclusions of the European Council which, although salvaging many important solutions contained in the Constitutional Treaty, explicitly sanction that ‘the constitutional concept . . . is abandoned’. In the light of this context, what role could the constitutional scholarship play? How to make sense of a polity in which the claims of constitutionalism as a form of power are politically unappealing though legally plausible? This article tries to respond to these questions by reaffirming functionalism as a valid analytical and normative perspective in facing the current constitutional reality of European integration. The analytical value associated with functionalism is evidenced by testing against the current context of the EU legal framework the accounts for EU constitutionalism which postulate functional equivalence between the EU and the Member States. The normative potential of functionalism, then, is discussed by arguing that there may be a value worth preserving in a degree of functional discrepancy between the EU and state constitutionalism and, notably, that the transformative and civilising dividend inherent in functionalism could still be exploited, at least in certain areas of EU policy making. Finally, the article suggests that the difficulties in accounting for EU constitutionalism in the light of state‐centred constitutional theory could be regarded as symptoms of European integration marking a moment in the theoretical evolution of constitutionalism.     

Death after anal "fisting"

A 45-year-old homeless woman was found dead at her usual sleeping place. Apart from traces of blood on the lower abdomen of the body, the police investigations did not produce any clues pointing to an unnatural death. At autopsy, it was found, however, that death had been caused by extensive disruptions of the intestine. After being confronted with the results, the sexual partner of the victim admitted manual anal penetration, but claimed that this had been done by mutual agreement. The court did not accept that statement and sentenced him to life imprisonment for murder. The frequency of such fatal outcomes of anal penetration, the relationship between the perpetrator and the victim and the special features at the scene are discussed.     

Anti-money laundering by international institutions: a preliminary assessment

This paper presents an evaluation of the Anti-Money Laundering and Combating Financing of Terrorism (AML/CFT) program. It briefly discusses why this can be seen as the birth of a “regime for financial integrity”. We find that some areas of the AML/CFT framework are consistently weaker than others in the area of prevention measures. Specifically, we have two findings: the first, positive one, points to a substantial adequacy of the repressive measures; the second, negative one, points to a substantial failure of countries to adopt adequate preventive measures, and calls for renewed efforts to improve implementation of preventive measures across the board, with specific regard to the activity of financial sector regulatory and supervisory authorities. Also, Eurozone countries outperform all other groups in the sample. Finally, the limited availability of country information and the multiplicity of assessors and methodologies make it difficult to evaluate the performance of the program. Therefore, we suggest greater transparency and availability of detailed countries’ information, and follow up assessments of the weak areas of a country’s AML/CFT framework at higher frequency than the established 5 years.

Coprophanaeus lancifer (Linnaeus, 1767) (Coleoptera, Scarabaeidae) activity moves a man-size pig carcass: relevant data for forensic taphonomy

Taphonomy is the study of many variables involving decomposition, preservation, dispersal, erosion, burial or exposition of dead organisms. Forensic Taphonomy examines how biotic or abiotic variables can change evidences in legal investigations. Many insects are closely associated with decomposition processes. The scavenger dung-beetle, Coprophanaeus lancifer (Linnaeus, 1767), may be important biotaphonomically in the decomposition process of carcasses. Man-size pig carcasses were used as models to examine the decomposition process in the Adolpho Ducke Forest Reserve in central Amazonia. The scavenger dung-beetle has great potential in decomposition and production of post-mortem injuries, including dismemberment and the removal of soil beneath the carcass thereby causing a change in its position.