Law clerks as an instrument of court–government accommodation under autocracy: the case of the Russian Constitutional Court

There is a normative expectation that constitutionalism does not co-exist well with autocracy. How do constitutional courts then uphold their integrity under authoritarianism? In this paper, I answer this question by taking the case of the Russian Constitutional Court (RCC) and showing how court–government accommodation in the new post-third wave autocracies can be achieved by limiting the amount of information the court receives from its secretariat. It follows from a detailed analysis of case selection in the RCC that the secretariat can function as an “insulator,” protecting the Court from political and reputational risks. The two features that make this possible are its invisibility to the judges and the clerks’ specific professional culture. The research is informed by an extensive series of in-depth interviews in the RCC, and benefits from the relocation of the RCC to St. Petersburg in 2008.     

The Political Economy of Crisis Management in East–Central European Countries

The financial and economic crisis in the Central and East European countries raised the profile of economic policy themes that relate to the role of taxation and state spending. The key policy differences related to public budgets and support for a demand stimulus. Responses fall broadly into two categories that we link to a social-democratic and a neo-liberal response. The distinction indicates that the policy responses were linked to the party affiliation of the government on the left–right spectrum. There were some remarkable common trends that cannot be explained by the logical requirements of the economic situation alone. There are differences in timing and in severity, but every country has at some point moved towards a policy of balancing the budget by making cuts. In all cases there were cuts in benefits for marginal groups in society and a switch towards indirect rather than direct taxes. These carry clear distributional implications.     

The impact of situational factors, officer characteristics, and neighborhood context on police behavior: A multilevel analysis

While a considerable number of studies had been conducted to examine the effects of various variables on police behavior, very few studies had simultaneously analyzed factors that accounted both for police coercive and noncoercive behaviors. Equally limited is the research on the influences of officer characteristics and neighborhood context on police behavior controlling for all individual situational factors. Using observational and survey data collected by a large-scale project and hierarchical linear modeling techniques, this study assessed the effects of situational, officer, and neighborhood variables on police coercive and noncoercive actions, as well as the cross-level effects between these variables. Findings showed that situational characteristics played a strong role in determining officer coercive behavior, but not noncoercive activities. Similarly, officer-level predictors explained better officers' variation in coercive behavior than noncoercive behavior. Meanwhile, socially disadvantaged neighborhoods were more prone to receive coercive activities than were other neighborhoods. Implications for policy and future research are discussed.     

Judicial politics in Belgium

The judiciary in Belgium is an independent branch of government and has succeeded in maintaining its independence against many odds. Not being bound by any particular method of inter‐pretion and able to control to a certain extent the machinery of government, the judges have been, whenever needed, cautiously innovative. The public is certainly not hostile, as far as such innovations are concerned. Constitutional law, morals, human rights and particularly economic law have been the areas in which judges have been most willing or compelled to take creative steps. Because these individual decisions are drafted as applications of existing general principles and statutes and largely reflect the prevailing views of society, very little criticism has been voiced about this hidden and cautious legal activism.