Where Judicial Politics Are Legislative Politics: The French Constitutional Council

Judges on France's ordinary and administrative courts make law and policy by interpreting and applying statutes, but the Constitutional Council is overtly involved in policy‐making. The Council serves as a type of ‘third’ chamber of the French parliament, where it may annul unconstitutional legislation, ‘constitu‐tionalise’ various legal principles, and sometimes even prescribe the precise terms of legislation. This ‘court‐like’ body, thus, plays a significant and growing role in French policy‐making.     

Death penalty sentiment in the United States

Pro-death penalty sentiment, at its all-time low in 1966 at 42% of the country's adult population, steadily rose to 71% in 1986. This average percentage varies widely for various subgroups of the population-as widely as between 43 and 93% at the extremes: political leanings, ethnic background, sex, and economic status are the main determinants. Death penalty sentiments are not of uniform strength: about one-third of the pro-death penalty population might give up their position if the alternative were life without parole and if they were convinced that the death penalty is not a deterrent. In the main, death penalty sentiment is not determined by utilitarian considerations but by moralistic ones, which in turn are part of the liberal-conservative dividing lines.     

A Defining Moment: A Feminist Perspective On The Law of Sexual Harassment in the Workplace in the Light of the Equal Treatment Amendment Directive

This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. This revised version was published online in July 2006 with corrections to the Cover Date.     

Reviews

Archie Brown and Michael Kaser, (eds.) Soviet Policy for the 1980s, London: Macmillan/ St Antony's, 1982. 282 pp. £20.00 (hardback) £7–95 (paperback).

David Holloway and Jane M. O. Sharp, (eds.) The Warsaw Pact: Alliance in Transition? London: Macmillan, 1984, 290 pp. £25.00.

Daniel N. Nelson, (ed.) Soviet Allies: the Warsaw Pact and the Issue of Reliability. Boulder, Colorado: Westview Press, 1984—UK suppliers, Bowker Publishing Company, xiii + 273 pp. £22.50.

Bohdan Harasymiw, Political Elite Recruitment in the Soviet Union. London: Macmillan, 1984, xviii + 277 pp. £25.00.

Rex A. Wade, Red Guards and Workers’ Militias in the Russian Revolution. Stanford: Stanford University Press, 1984, ix + 391 pp. $32.50.

Joachim Hoffmann, Die Geschichte der Wlassow‐Armee. Einzelschriften zur militärischen Geschichte des Zweiten Weltkrieges. Band 27. Verlag Rombach, Freiburg im Breisgau, 1984, xviii + 468 pp. DM. 32.00 (paperback).

Michal Mirski, The mixed economy: NEP and its lot. Translated from Polish by Roger A. Clarke. Copenhagen: Rosenkilde and Bagger, 1984, 295 pp. DKr. 125.

Jean‐Charles Asselain, Planning and Profits in Socialist Economies. London: Routledge and Kegan Paul, 1984, xii + 269 pp. £12.50.

Roger Skurski, Soviet Marketing and Economic Development. London: Macmillan, 1983, 190 pp. £20.00.

Borys Lewytzkyj, Politics and Society in Soviet Ukraine 1953–80. Edmonton: Alberta: Canadian Institute of Ukrainian Studies, 1984, 219 pp.

Timothy Garton Ash, The Polish Revolution: Solidarity 1980–82. London: 1983, George Sanford, Polish Communism in Crisis. London‐New York: 1983.

Jack Bielasiak and Maurice D. Simon, (eds.) Polish Politics: Edge of the Abyss. New York: Praeger, 1984, xv + 366 pp.

Kari Möttölä, O. N. Bykov and I. S. Korolev, (eds.) Finnish‐Soviet Economic Relations, London: Macmillan (in association with the Finnish Institute of International Affairs), 1983, xxi + 358 pp. £30.00

John Dunn, The Politics of Socialism, An Essay in Political Theory Cambridge University Press. 1984, xviii + 107pp. £15 (hardback) £4.95 (paperback).     

Reviews

G. N. Khanin, Sovetskii ekonomicheskii rost: analiz zapadnykh otsenok. Novosibirsk: 1993, 156 pp.

William Moskoff, Hard Times: Impoverishment and Protests in the Perestroika Years. The Soviet Union 1985–1991. Armonk, NY and London: M. E. Sharpe, Inc., 1993, xii + 244 pp., $59.95 h/b, $24.95 p/b.

Simon Clarke, Peter Fairbrother, Michael Burawoy & Pavel Krotov, What About the Workers? London: Verso, 1993, 248 pp., £34.95 h/b, £11.95 p/b.

Kazimierz Z. Poznanski (ed), Stabilization and Privatization in Poland: An Economic Evaluation of the Shock Therapy Program. Boston, MA: Kluwer Academic Publishers, 1993, vii + 269 pp.

Norbert Zmijewski, The Catholic‐Marxist Ideological Dialogue in Poland, 1945–1980. Alder‐shot: Dartmouth Publishing Company, 1991, 179 pp., £37.50.

Andrzej K. Kozminski, Catching Up? Organizational and Management Change in The Ex‐Socialist Block. New York: State University of New York Press, 1993, viii + 236 pp., $16.95.

Don van Atta (ed), The ‘Farmer Threat’. The Political Economy of Agrarian Reform in Post‐Soviet Russia. Boulder, CO, and Oxford: Westview Press, 1993, xiii + 221pp., £25.50.

Malcolm R. Hill & Caroline M. Hay, Trade, Industrial Cooperation and Technology Transfer‐Continuity and Change in a New Era of East‐West Relations. Aldershot: Avebury Publishing, 1993, vii + 123 pp.

J. Arch Getty & Roberta T. Manning (eds), Stalinist Terror. New Perspectives. Cambridge: Cambridge University Press, 1993, viii + 294 pp., £35.00, $39.95 h/b, £13.95, $17.95 p/b.

Vladimir Andreff, La crise des economies socialistes. Grenoble: Presses Universitaires de Grenoble, 1993, 447 pp., 140 francs.

Alexander J. Motyl, Dilemmas of Independence. Ukraine After Totalitarianism. New York: Council on Foreign Relations, 1993, xv + 217 pp., $17.95 p/b.

John Dunstan (ed), Soviet Education under Perestroika. Papers from the IV World Congress for Soviet and East European Studies, Harrogate, UK, 1990. London: Routledge, xii + 230 pp., £35.00.

Deming Brown, The Last Years of Soviet Russian Literature. Prose Fiction 1975–1991. Cambridge: Cambridge University Press, 1993, x + 208 pp., £35.00, $54.95.

Carmelo Mesa‐Lago (ed), Cuba—After the Cold War. Pittsburgh, PA, and London: University of Pittsburgh Press, 1993, 383 pp., $49.95 h/b, $19.95 p/b.     

Battered Women's Perceptions and Expectations of Their Current and Ideal Marital Relationship

This study explores the current perceptions and ideal expectations battered women have for their marital relationships. Based on previous research on the Circumplex model of Olson (1979), it was hypothesized that battered women's current and ideal relationships would be categorized as Extreme according to this Model. The Extreme categorization has been associated with a variety of forms of family dysfunction. The Family Adaptability and Cohesiveness Evaluation Scales and Demographic Questionnaires were completed by 57 women during their stay at one of two Women's shelters, in addition to 22 in outpatient therapy through one of the shelters. Analyses revealed significant support for the current relationship hypothesis. As predicted, current perceptions fell into the Extreme category; ideal expectations more frequently fell into the Balanced family type. Clinical implications of the findings are discussed; suggestions for directions that future research in this area might take, are offered.     

Reviews

Prof. W. E. Butler (ed.). Russian Law: Historical and Political Perspectives. Leyden: A. W. Sijthoff, 1977, xi + 266 pp. Dfl. 76.00. $31.50

Peter H. Solomon, Jr., Soviet Criminologists and Criminal Policy. Specialists in Policy‐Making. London: Macmillan Press, 1978. x + 253 pp. £10.00.

Mawdsley, E. The Russian Revolution and the Baltic Fleet. War and Politics, February 1917—April 1918. London: Macmillan (in association with the School of Slavonic and East European Studies), 1978. xv + 213 pp., ill., map, bibl.

George Garvey, Money, Financial Flows and Credit in the Soviet Union. Cambridge, Massachusetts: Ballinger Publishing Co., 1977 (published for the National Bureau of Economic Research Inc.). xii + 223 pp. £11.00.

Stanislaw J. Sawicki, Soviet Land and Housing Law, a Historical and Comparative Study, New York, London: Praeger Publishers, 1977. xxiii + 199 pp. £13.05.

Hélène Carrère d'Encausse: L'empire éclaté. Paris: Flammarion, 1978, 314 pp.

S. G. Solomon, The Soviet agrarian debate, a controversy in social science, 1923–1929. Boulder, Colorado: Westview Press, 1977. xvi + 309 pp. $15.25.

David Lane and Felicity O'Dell, The Soviet Industrial Worker: Social Class, Education and Control. Oxford: Martin Robertson, 1978. 167 pp. £7.95.