Controlling Jury Composition in Nineteenth-Century Ireland

Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This article examines some of the ‘stratagems’ put forward by David Johnson and suggests a number of other practices which were used, arguing that many of these mechanisms centred around controlling the composition of trial juries. Examples included altering the property qualifications for jurors, the system of asking jurors to ‘stand by’, and the use of fines to compel attendance. While some of these were the legitimate exercise of established procedures, it will be seen that the Crown on occasion abused or over-used its powers.     

The EU as a Global Actor? EU Policy Towards Iran

Abstract

This paper explores EU policy towards Iran to challenge the common implicit or explicit notion that the EU's ‘actorness’ in the international system rests primarily, or solely, on its Pillar I external relations. Utilising criteria developed to examine the ‘actorness’ of the EU, the article explores this policy area to demonstrate that the EU's ‘actorness’ resulted not only from the ‘Community’ aspects of foreign policy, but also from its Common Foreign and Security Policy (CFSP).     

European Union Armaments Policy: Options for Small States?

Abstract

This article addresses the question of small states and their future role in any EU armaments policy. It argues that their traditional tactics of demanding equality of membership in armaments organisations, using protectionist tactics to preserve the indigenous defence industry and using their home markets as a method of gaining advantages for their firms, are increasingly failing at the EU level. A combination of their own choices on defence spending, the agreement to allow permanent structured cooperation within the European Defence Agency and the Commission's efforts to liberalise the defence procurement market seem likely to force most small states into the backseat of EU armaments policy-making.     

Small Business’ Place in the South Korean State–Society Relations

Korean small businesses have come a long way as sources of industrial power more important than heretofore credited. The nation's undemocratic dirigisme had largely slighted small businesses to the country's disadvantage. Although the government's policy bias against them started to change in the early 1980s, its support of them remained less than fully-fledged. Despite tough socio-economic conditions, however, both the first and second generation small entrepreneurs have strived to prove their self-worth as viable business enterprises and constantly—and increasingly over time—contributed to the incremental improvement of the economy. By shedding light on the little-known motivations, perceptions, and performances of the small business people, this article offers a more balanced and nuanced account of the past and present state of small businesses in the country, which provides a tentative basis for considering alternative vision for future development.     

Marketization,Class Structure,and Democracy in China: Contrasting Regional Experiences

After two and half decades of market reforms in China, the question of whether reforms have created favourable social conditions for democracy and whether the country's emerging entrepreneurial class will serve as the democratic social base have become hotly debated issues in both academic and policy circles. Based upon an analysis of two regions – Sunan and Wenzhou, the two prototypical local development patterns in China – the article argues that different patterns of economic development have produced distinct local level social and political configurations, only one of which is likely to foster the growth of democratic practices. It suggests that China's political future is largely dependent upon the emerging class structure and class relations that reform and development have produced. If the market reforms and economic development only enrich a few (like the Sunan case), then the possibility of democratic transition will likely be very bleak. Nonetheless, the possibility of a brighter alternative exists, as demonstrated by the Wenzhou case. These arguments thus link China's political transition to critical social conditions, echoing Barrington Moore's influential work on the social origins of democracy and dictatorship.     

Changing Patterns of Party Competition in Austria: From Multipolar to Bipolar System

The Austrian party system has entered a new phase since the controversial ÖVP-FPÖ coalition came into office in February 2000. The party system literature offers two contradicting expectations about party system mechanics in multi-party systems without relevant extremist parties: competition structured by party alliances and strictly competitive relations between government and opposition parties (as suggested by <citeref rid="b30">Sartori 1976</citeref>) versus competition structured by individual parties and some mix of competition and co-operation and perhaps even power-sharing in extra-governmental arenas between government and opposition parties (as suggested by <citeref rid="b3">Dahl 1966</citeref>). Our empirical analysis of party system competitiveness in the electoral, parliamentary and other arenas (in particular, the corporatist arena) between 2000 and 2003 shows that the relations between the government and opposition parties were strictly competitive (i.e. of a zero-sum character) in the electoral arena. Likewise, there was no trading between government and opposition in the parliamentary arena. Finally, the government substantially increased its impact on the official sites (i.e. arenas controlled by the government) and used fire and hire methods more than any of its predecessors to build up its positions in public sector institutions. The opposition parties, in turn, perceived the government parties as a bloc and were united in their goal of undermining the government parties' majority. Yet, while relations between the government and opposition parties remained highly competitive throughout the entire period, relations between the parties on each side of the government-opposition divide became more fluid, partly for tactical considerations and partly for reasons of genuine preferences. In sum, the post-2000 Austrian party system is a weak version of a two-bloc system.     

Towards an internal health market with the European court

This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state.