Competing Supremacies and Clashing Institutional Rationalities: the Danish Supreme Court's Decision in the Ajos Case and the National Limits of Judicial Cooperation

On 6 December 2016, the Supreme Court of Denmark (SCDK) ruled on the grounds of Ajos case. The ruling concerned the scope of the principle of non‐discrimination on the grounds of age and whether a national court could weigh the principle of non‐discrimination on grounds of age against the principles of legal controversy, as the protection of legitimate expectations. The ruling has caused a great deal of controversy as the SCDK defied clear guidelines from the Court of Justice of the European Union (CJEU) in the ruling. Moreover, the case has been seen by some as an example of a new ‘sovereigntism’ in Danish law that is at odds with the project of European integration through law. This article explains the case from both an EU law and Danish constitutional law perspective. It concludes by providing a set of explanations of the new course of the SCDK in its relationship with the EU.     

Correction to: Issue Voting and Government Responsiveness to Policy Preferences

Political Behavior -     

Personality traits and party identification over time

Why do some people stably identify with a party while others do not? This study tests whether and how the direction, stability and strength of party identification are associated with big five personality traits, using panel data from a representative sample of German citizens. First, the study confirms that personality traits are related to identification with different political parties. Second, it moves beyond previous research by showing that personality traits are related to the strength and variation in party identification over time. The implications of the study for the classical perspectives on party identification, as well as the personality and politics literature, are discussed.     

From Cold War Instrument to Supreme European Court: The European Court of Human Rights at the Crossroads of International and National Law and Politics

The history of the genesis and institutionalization of the European Convention on Human Rights offers a striking account of the innovation of a new legal subject and practice—European human rights—that went along with, but also beyond, the political and legal genesis of Europe following World War II. The rise of the European human rights institutions shows not only how law and lawyers played key roles in the early politics of European integration but also how the subtle combination of law and politics—as both national and international strategies—continued to play a decisive part in the institutionalization of European human rights. The article generally argues that the interplay between law and diplomacy had a fundamental impact on the innovation of European law and that lawyers capable of playing an intermediary role between the two were particularly central to this development.     

Different Surveys,Different Results? A Comparison of Two Surveys on the 2009 European Parliamentary Election

The European Election Survey (EES) is carried out in all member states at the time of each European Parliament election. The mode of data collection (mainly telephone interviews) and the sampling procedure (achieving 1,000 interviews in each country) raise doubts about the data quality. Until now knowledge has been lacking about the extent to which the mode of data collection and the sampling procedure bias the results. In one European country an independently designed election survey is carried out: The Swedish National European Parliament Election Study (SNES). The survey consists of face-to-face interviews of a random net sample of 2,682 individuals (response rate 67 per cent compared to 11.2 in the Swedish EES survey). In addition, SNES includes a large number of variables from official register data (including validated voting) that facilitates analyses without any non-responses generating missing data. This quasi-experimental methodological set up is used to compare the data from the two surveys for voter turnout, left–right placement and party choice. Results show that EES overestimates turnout levels more than SNES. EES also has a large overrepresentation of highly educated respondents, and thus underestimates differences in turnout between highly and less educated citizens. As for left–right placement, respondents in EES place both themselves and the parties on more extreme positions. Regarding party choice, the main difference between the surveys is that the EES largely underestimates the share of Social Democratic voters.     

When Does Transparency Generate Legitimacy? Experimenting on a Context‐Bound Relationship

We analyze the main rationale for public administrations and political institutions for supplying transparency, namely, that it generates legitimacy for these institutions. First, we discuss different theories of decision making from which plausible causal mechanisms that may drive a link between transparency and legitimacy may be derived. We find that the common notion of a straightforward positive correlation is naïve and that transparency reforms are rather unpredictable phenomena. Second, we test the effect of transparency on procedure acceptance using vignette experiments of representative decision making in schools. We find that transparency can indeed generate legitimacy. Interestingly, however, the form need not be “fishbowl transparency,” with full openness of the decision‐making process. Decision makers may improve their legitimacy simply by justifying carefully afterward the decisions taken behind closed doors. Only when behavior close to a deliberative democratic ideal was displayed did openness of the process generate more legitimacy than closed‐door decision making with postdecisional justifications.     

Mapping ‘Hybrid Regimes’: Regime Types and Concepts in Comparative Politics

This article addresses the conceptual challenges involved in mapping political regimes. The first section offers a critique of regime typologies that adopt a uni-dimensional approach to differentiating between political regimes. The second section shows why a two-dimensional typology is better grounded in liberal democratic theory as well as for analytically grasping the empirical variation between political regimes and regime change. The penultimate section proposes a classificatory scheme on the basis of a clear set of defining attributes of the two constitutive dimensions of liberal democracy – electoralism and constitutionalism. Equipped with this two-dimensional classificatory device the article proceeds in the last section to propose a regime typology with four main types of regime: democratic, constitutional-oligarchic, electoral-autocratic, and authoritarian. This provides a conceptual map in which the categories and subcategories developed by the literature on hybrid regimes can be located and analytically related to each other. The last section further divides the category of democratic regimes into four subtypes: liberal, constitutional, electoral, and limited.     

National Sentiments in Eastern and Western Europe

In a world of presumed nation-states nation has been, and still is, an intrinsic part of political legitimization. The claim of nationality has played an important role in such legitimization for the last two centuries. More than this, it has also constituted a fundamental collective entity for an individual's understanding of who they are in relation to those who are perceived as not sharing the nationality. This is nothing new, but in an era of globalization we are witnessing the rebirth of nationalism and nationality (Castells, 1997), where the power struggle over the political agenda will increasingly be about the struggle for the right to identity and the risks of exclusion from the national community. Even if this is the case it stands clear that everyday nationalism and nationalist struggles take different forms in different parts of the world. It has often been claimed that there are two types of nationalism prevalent in different parts of Europe, one in the so-called West and one in the so-called East. Kohn (1945) claimed that the rise of nationalism in the West was a political occurrence based on the democratic creation of the modern nation-state whereas the rise of nationalism in Eastern Europe was of a more backward type drawing its power from the struggle for cultural hegemony. The legacy of Kohn is taken up by Smith (1986; 1991) in his classical division of civic and ethnic national identities and nationalism, claiming that the former is a Western product and the latter mainly an Eastern one (see also Ignatieff, 1993). More recently, White (2000) claims that national identities in Eastern Europe have been strongly influenced by romanticism. The emphasis on ethnic nationalism in Eastern Europe not only is related to historical nation formation, but also has been claimed to be of great importance in the postcommunist era (Lovell, 1999). It is widely realized that national identities and nationalism differ within the West as well as within the East, but it is still assumed that there are fundamental differences between Western and Eastern European nation formation and that these have influenced the types of national identity and nationalism prevalent in the different geographical areas. For example, Sugar (1969) claims that there are differences between the Eastern European states; nonetheless, there are also commonalties that make them differ from Western European states.     

Ballistic skin simulant

Hydrogels prepared from water solutions containing 10-20 mass% gelatine are generally accepted muscle tissue simulants in terminal ballistic research. They, however, do not have a surface layer which simulates the effect of human skin. The purpose of this research was to find a suitable skin simulant for enhancing the testing fidelity and the credibility of the results with gelatine-based materials when assessing the injury potential of not only high energy bullets, but also especially that of non-penetrating "less lethal" kinetic impact ammunition and relatively low energy ricochet fragments. A skin simulant also permits the simulation and assessment of exit wounds. The mechanical and ballistic properties of human skin and target simulant were established on the basis of results found in the literature. Some errors in these were found. The corrected values are included in this paper for comparison. The target values of the mechanical properties of the skin simulant were the following: threshold velocity v(th)=94+/-4 m/s, tensile strength 18+/-2 N/mm2 and elongation at break 65+/-5%. A selection of synthetic and natural materials was evaluated as skin simulants by analysing their mechanical and ballistic properties. The results were compared to literature values obtained with human cadavers. The tests showed that the best skin simulant of the ones evaluated was semi-finished chrome tanned upholstery "crust" cowhide of 0.9-1.1 mm nominal thickness. Its threshold velocity was 90.7 m/s, tensile strength 20.89+/-4.11 MPa and elongation at break 61+/-9%. These values are the same as the average values of human skin. Of the synthetic materials evaluated, 1mm thick natural rubber can be used on impact side as a threshold velocity filter with some reservations although its theoretical threshold velocity is only 82.9 m/s.     

Geoeconomics in the context of restive regional powers

Geoeconomic power and its use appear to be a crucial, albeit understudied aspect of today’s international relations. Traditionally, international power has been thought of in geopolitical rather than geoeconomic terms. Indeed, ever since the famous debate about sea power and land power between Alfred Thayer Mahan and Halford MacKinder at the cusp of the twentieth century, scholars have linked geography with the pursuit of political and military power. However, the term “geoeconomics” is of a more recent origin, and also more vexing than geopolitics. The term is commonly associated with Edward Luttwak’s writings in the early 1990s Luttwak (Natl Interes 20:17-24, 1990, Int Econ 7/5:18-67, 1993), although it did not spin a major scholarly discussion at the time. For Luttwak, geoeconomics denoted the successor system of interstate rivalry that emerged in the aftermath of Cold War geopolitics. As a consequence of the rise of major new economic powers, such as China, India and Brazil, there is renewed interest in the concept. Yet, an overview of the literature indicates that there seems to be no agreement on what exactly the term means. This special issue tackles the different ways in which the term geoeconomics is used, in the context of the policies pursued by major regional powers (e.g. China, Russia and Germany). How are we to understand the actions of these regional powers in contexts where economic interests, political power and geography intersect? In the introductory article, we overview the literature and summarise the main arguments of the individual papers.