Judicial policy‐making in Italy: The constitutional court

This study focuses on the Italian Constitutional Court, the newest and most prestigious addition to a judicial tradition that can be traced as far back as the Roman Empire. This court has indeed been an effective policy‐making body, particularly in matters of civil liberties and church‐state relations, as well as in compelling the legislative branch, where it has been so charged, to complete the drafting of the Constitution. The Court has faltered at times in defending its independence, and this account argues that life appointments might be a viable means of achieving the goal of a constitutional body that serves ‘nee spe nee metu’     

Do time restrictions on alcohol advertising reduce youth exposure?

Regulators may attempt to reduce youth exposure to alcohol advertising by restricting times during which alcohol ads may be aired on television or radio. The Netherlands introduced such a policy and found that teenage advertising exposure increased following the time restrictions. This study uses simulation analysis and a comprehensive database of television alcohol advertising to demonstrate that time restrictions are likely to reduce advertising exposure to the youngest viewers while increasing exposure for the high‐risk teenage population. Copyright © 2012 John Wiley & Sons, Ltd.     

Political budget cycles and election outcomes

This paper addresses two empirical questions. Is fiscal policy affected by upcoming elections? If so, do election-motivated fiscal policies enhance the probability of re-election of the incumbent? Employing data for 65 democratic countries over 1975–2005 in a semi-pooled panel model, we find that in most countries fiscal policy is hardly affected by elections. The countries for which we find a significant political budget cycle are very diverse. They include ‘young’ democracies but also ‘established’ democracies. In countries with a political budget cycle, election-motivated fiscal policies have a significant positive (but fairly small) effect on the electoral support for the political parties in government.     

Lessons from Leadership Theory and the Contemporary Challenges of Leaders

Leadership theories and the academic literature can sometimes seem difficult for practitioners to understand because of complex conceptualizations, obscure terms, and its enormousness. Yet taken as a whole, the literature makes a great deal of sense and has much to offer. Indeed, the truths are often quite simple, elegant, and straightforward. The purpose of this article is to review the major findings of the organizational leadership literature and to identify the important overarching insights, specifically those of particular importance to today's leaders in administrative positions in the public sector, where an evolving context constantly reconfigures age‐old challenges.     

Developing Multilateral Surveillance Tools in the EU

The development of the infrastructure of the Open Method of Coordination (OMC) is an unaddressed topic in scholarly debates. On the basis of secondary literature on the European Employment Strategy, it is hypothesised that a conflict between an incentive and reluctance to act on the EU level on the side of member states limits the choice for a policy instrument to the OMC, and is a driving force behind the development of its infrastructure. From empirical findings on the OMC e-Europe it shows that for the development of the infrastructure of an OMC on a policy field, a need for an instrument has to be present that can neutralise the conflict between an incentive and reluctance to act on the EU level.     

Democratic accountability and central bank independence: A response to Elgie

Empirical evidence is presented on the development of (violent) political conflict in 19 West European countries during the 1970s, the early 1980s and the entire post‐Second World War period. It is possible to identify three types of nation‐groups: ‘noisy‐participatory’ states such as the United Kingdom, France, Italy, and more recently Spain and Portugal ‐ and Greece if taken on a per capita base. The group of rather ‘quiet’ democracies consists of the Scandinavian countries, Switzerland and Luxembourg, with the remaining countries forming the middle, less clearly delineated group. There are two dimensions of political conflict: collective protest, made up of variables such as protest demonstrations, political strikes and riots, and internal war, characterised by the breakdown of the slate monopoly of violence and the organised use of violence by anti‐system groups. A causal model of political protest is presented and confronted with rival explanations. Empirical evidence and theoretical arguments lead to scepticism about accurate predictions of political violence and political instability.     

Correction to: Intergenerational continuity of crime among children of organized crime offenders in the Netherlands

Crime, Law and Social Change -     

Spectres of Coke: Judicial Supervision as a Revolutionary Inheritance

Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature for his boldness in doing this, whilst he is at the same time censured for having dared to suggest that this jurisdiction should be a very wide one. This essay questions the inheritance of judicial supervision and enquires whether there may be a secret to uncover in Coke’s texts. Referring to Coke’s Institutes, it is suggested that the wide jurisdiction of the common law courts that Coke advanced, is linked to and should be understood in light of Coke’s pronouncements in the epigrams on law and justice. Judicial supervision, according to this reading of Coke, involves not only a necessarily limited jurisdiction in accordance with law, but also the desire for an unlimited jurisdiction, which corresponds with Derrida’s analysis of justice and law. This reading of Coke, it is suggested, calls on us to view judicial supervision as revolutionary in nature, which requires of the courts to rethink fundamentally the way in which they exercise their supervisory function.

Were There More Acceptable Alternatives to the Iraqi High Tribunal?

The Iraqi High Tribunal has been criticized on all sides forits failure to deliver fair trials. Many observers have advocatedan international or internationalized court instead. However,these alternatives, even if desirable, were outside the ambitof what was possible in post-war Iraq. Given that a domesticcourt was the only realistic option, much more help and supportshould have been given to it by the international community.     

The Creation of Investigating Chambers at the International Criminal Court: An Option Worth Pursuing?

At a time when the position of investigating judge has beenabolished in a number of civil law countries, and is being questionedin those in which it remains, it might seem curious to callfor such a position to be created at the International CriminalCourt (ICC). However, experience at the ad hoc internationalcriminal tribunals (‘ad hoc tribunals’), and especiallyat the International Criminal Tribunal for the former Yugoslaviashows that the essentially adversarial procedure used in internationalcriminal proceedings is not wholly suitable for trying complexand highly political international cases. Having investigatingjudges participate in the investigations of such cases coulddecisively enhance the effectiveness, legitimacy and fairnessof international proceedings. This would be particularly appropriatein the ICC's complex legal system, which allows victims to participatein the proceedings and claim reparations. However, this newprocedure must clearly come with a number of safeguards in orderto avoid the failures attendant on the use of the investigatingjudge in domestic systems, which could be fatal to an embryonicand fragile international court.