Cyclical accountability

Public Choice - A new wave of protectionism is threatening the open and cooperative international order. This paper applies evolutionary game theory to analyze the stability of international trade...     

Die Körordnung im deutschen und Europäischen Recht

Natur und Recht - Pferdezucht ist nicht nur ein Wirtschaftsfaktor, sie sollte auch die Natur des Pferdes bewahren und seine natürlichen Eigenschaften artgerecht fördern. Insofern...     

The Democratic Costs of Constitutionalisation: The European Case

There is little doubt that the European Union suffers from a legitimacy deficit. However, the causes of this deficit and, as a consequence, the remedies are contested. This article wants to show that an important, but often overlooked, cause for the legitimacy deficit lies in the overconstitutionalization of the EU. The European Treaties have been constitutionalized by the ECJ, but are full of provisions that would be ordinary law in states. Constitutionalization means de‐politicization. What has been regulated on the constitutional level is no longer open for political decision‐making. Thus, in the EU political decisions of high salience are not only withdrawn from the democratically legitimized institutions, but also immunized against political correction. Therefore, the consequences from the constitutionalization have to be drawn: The Treaties should be reduced to those norms that reflect the functions of a constitution, whereas all the other parts have to be downgraded to the level of secondary law.     

Der Kohleausstieg: Gesetzliche Ausgestaltung und Perspektiven

Natur und Recht - Am 14.8.2020 ist das Kohleausstiegsgesetz (KAusStG) in Kraft getreten. Es regelt die schrittweise Reduzierung und Beendigung der Kohleverstromung in Deutschland. Der folgende...     

Is There a Relationship Between Street Heroin Purity and Drug‐Related Emergencies and/or Drug‐Related Deaths? An Analysis from Vienna,Austria*

This study examines the quality of street heroin seized in Vienna in 1999 and whether there was a relationship between the purity of street heroin and the number of heroin-related emergencies as well as the number of heroin-related deaths. Street heroin confiscated by the Viennese police, run-sheets of drug-related emergencies, and postmortem reports of drug-related deaths in Vienna in 1999 were analyzed. A total of 415 retail samples with a total weight of 128.02 g contained a median percentage of 6.5% diacetylmorphine (range: 0.0-47.0%). All the samples contained a diluent, mainly lactose, as well as adulterants, such as caffeine and/or paracetamol. During the study period, 75 heroin-related deaths and 387 heroin-related emergencies were registered in Vienna. Time-series analysis revealed no statistically significant relationship between the rate of heroin-related incidents and the diacetylmorphine concentration of street heroin samples confiscated in Vienna in 1999. The widely held belief that the number of heroin-related deaths could be explained simply through fluctuations in the purity of street heroin could not be substantiated, even though the results of this study do not rule out an association between the purity of heroin and heroin-related deaths/emergencies.     

Die Entwicklung des Föderalismus und der Föderalismus ‐ diskussion in der Schweiz von 1874 bis 1964

Before 1874 and after 1964, the evolution of federalism and related political discourses is well known. Between these years, however, stretches a terra incognita, which this political‐historical essay tries to explore. This period was characterised by a steady shift of power from the Canton's to the Confederation, resulting in the frequent re‐grouping of federalists and centralists. Before the First World War, traditionalists from central and occidental Switzerland fiercely defended a confederalist vision. During the interwar years, things quietened down. The modern federal State organisation was no longer fundamentally questioned, and the debate focused on technical questions. The “geistige Landesverteidigung” (moral defence of the country against fascism) secured an enduring yet problematic place for federalism in Swiss culture by transforming it into the “unity in diversity” principle. After the Second World War, modernising forces resulted in the “executive and co‐operative federalism” that we know today.     

Judicial detection skill and contractual compliance

Mutually beneficial agreements might fail if the parties fear contractual opportunism. Litigation is supposed to be a remedy, but it gives scope for another kind of opportunistic behavior, which we call litigational opportunism: Even known that the opponent has fulfilled his obligations, a party might bring suit. We introduce a new concept, called judicial detection skill, and show that positive judicial detection skill is a prerequisite if the court system is to deter opportunistic suits and simultaneously induce bilateral contractual compliance. The traditional literature on litigation either assumes judges with zero detection skill, or simply neglects that opportunistic suits might be successful. We prove that those models are unable to provide an answer to the question of how to prevent both types of opportunism simultaneously.     

Compulsory Voting Rules,Reluctant Voters and Ideological Proximity Voting

Political Behavior - Political theorists have argued that democracies should strive for high turnout, leading to an argument for the introduction of compulsory voting, one of the surest ways to...     

Forest certification as a global environmental governance tool: What is the macro-effectiveness of the Forest Stewardship Council?

Sustainable forest management is a key challenge for local and global governance. The Forest Stewardship Council has emerged as one of the solutions to global forest deterioration and is generally regarded as the prime example of certification as a global governance tool. This article examines the macro-effectiveness of certification on halting deforestation and examines the relationship between certification and governance institutions. The article finds that the macro-effectiveness of certification on halting deforestation is still limited due to the “stuck at the bottom” problem of developing countries, which are kept out of the certification process, and the market-driven nature of certification initiatives. The article does not find a relationship between certification and governance institutions at the macro level. It does find, however, significant variation in certification uptake between countries, pointing to the potential of this policy tool. The implications of the results are discussed.