Transformation and Decay: the de-institutionalisation of party systems in South America

This article surveys the evolution of party systems in South America in terms of their level of institutionalisation. In recent times political competition in much of South America has become less structured by political parties proper and has moved in the direction of candidate-centred movements and electoral vehicles led by political entrepreneurs. Most countries in South America (Brazil, Chile and Uruguay are exceptions) have experienced party system de-institutionalisation during the 1990s and 2000s, as voters have systematically punished traditional parties, often rendering them marginal or forcing their disappearance. The scale of decomposition varies across cases but it has affected countries with historically well institutionalised party systems (Colombia, Venezuela) and those with inchoate party systems (Ecuador, Peru, Bolivia) alike.     

Subjektives Recht von Landtagsabgeordneten auf (ungestörte) Benutzung bestimmter Büroräumlichkeiten?

Zwei rezente Entscheidungen des UVS NÖ bzw des VfGH geben Anlass zur Diskussion, ob und inwieweit niederösterreichischen Landtagsabgeordneten ein grundsätzlich (für die Dauer einer Legislaturperiode) uneingeschränktes subjektives Recht auf Benutzung bestimmter Büroräumlichkeiten – bzw korrespondierend zu ihrer rechtlichen Stellung: ein entsprechendes, im nö Landesrecht verankertes Nutzungsrecht sui generis – zukommt. Die Erörterung dieser Frage hat – bedingt durch den jeweiligen Entscheidungsgegenstand – primär nach Maßgabe des niederösterreichischen Landes (verfassungs)rechts unter Einschluss bundes(verfassungs) rechtlicher Erwägungen zu erfolgen. Dennoch ist die nachfolgende Abhandlung auch über das niederösterreichische Landesrecht hinaus von Interesse: Zum einen gilt es, aus Sicht des allgemeinen Verwaltungsrechts zu erörtern, welches Landesorgan für die Verwaltung (Zuweisung, Entziehung) der Büroräumlichkeiten, die Landtagsabgeordneten zur Benutzung eingeräumt sind, zuständig ist. Dann ist zu klären, ob Landtagsabgeordneten aus der Zuweisung eines Büroraumes ein grundsätzlich uneingeschränktes Nutzungsrecht (anders: ein von der Rechtsordnung anerkanntes subjektives Recht) für die Dauer einer Gesetzgebungsperiode zukommt. Abschließend ist zu hinterfragen, ob die Beschränkung bzw Entziehung der Büroräumlichkeit (Beeinträchtigung des Nutzungsrechts), wie der VfGH meint, tatsächlich einen (bekämpfbaren) Akt der Hoheitsverwaltung darstellt. In die Überlegungen fließen zusätzlich die vom VfGH in der zuvor angesprochenen Entscheidung B 914/07-11 entwickelten Leitgedanken ein. Zuvor ist jedoch kurz auf den Sachverhalt einzugehen, der für die in Rede stehenden Entscheidungen maßgebend war.     

Unusual suicide with a chainsaw

Described here is a case of suicide with the use of a chainsaw. A female suffering from schizophrenia committed suicide by an ingenious use of a chainsaw that resulted in the transection of her cervical spine and spinal cord. The findings of the resulting investigation are described and the mechanism of suicides with the use of a chainsaw is reviewed. A dry bone study was realized to determine the bone sections, the correlation between anatomic lesions and characteristics of chainsaw. The damage of organs and soft tissues is compared according to the kinds of chainsaw used.     

A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed

ABSTRACT

On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.     

The believability of repressed memories

Two experiments investigated how mock jurors react to a case involving a repressed memory of child sexual assault. Subjects read a fictional civil trial (Experiment 1) or criminal trial (Experiment 2) summary involving the sexual assault of a 6-year-old female. The summary was presented in one of three conditions: (a)child condition: the alleged victim reported her memory of the assault in the same year that the assault occurred; (b)repressed condition: the alleged victim reported the assault 20 years later, after remembering it for the first time; or (c)no-repressed condition: the alleged victim reported the assault 20 years later, but the memory of the assault had been present for the 20 years. Although the testimony of the alleged victim was believed to some extent in all conditions, the alleged victim in the child condition was believed at the highest level, and this was associated with more decisions against the defendant. The results are discussed in terms of how delayed reporting of child sexual assault crimes is associated with lower believability of the alleged victim.We would like to thank Christy Kennedy, Paula Brinegar, and Elizabeth Thomas for their assistance in collecting and scoring the data, as well as Michael Nietzel, Monica Kern, Ronald Roesch, and three anonymous reviewers for their comments on earlier drafts of this paper.     

Argentina's Landmark 2003 Presidential Election: Renewal and Continuity

This article provides an analysis of the political and socioeconomic context of the April 2003 presidential elections, focusing particularly on the campaign platforms of candidates, the outcome of the first round and the election's consequences for the party system. The election's results were far reaching in many respects. Argentina's longstanding two-party system came to an end with the virtual vanishing of the Radical party (UCR) at the national level. An evolved political culture resulted in new, more rigorous criteria for the selection of candidates. Finally, new political parties (MNR and ARI) emerged that could conceivably improve the quality of democratic governance in the future. In short, the 2001–2002 crisis fostered a significant degree of political renewal. Contrary to some predictions, however, the societal rejection of political parties did not result in either the complete demolition of the party system or the wholesale renovation of the political class. In particular, the Peronist party showcased its staying power and uncanny ability to adapt to new political environments.     

Metropolitan areas in Mexico, 1980

Urban trends in Mexico from 1960 to 1980 are analyzed using multivariate analysis techniques. The authors note that the total number of metropolitan regions has increased from 12 to 26 during this period. Differences between the stage in urbanization reached by the Mexico City region and other urban centers in the country are noted. In Mexico City, the authors observe a decline in the population of the central city region coupled with rapid growth in the surrounding municipalities. (SUMMARY IN ENG)     

Negotiating a Korea – EU free trade agreement: easier said than done

A number of countries have chosen recently to shift away from an exclusive support to trade multilateralism and towards regional or bilateral trade agreements. Being no exceptions in this respect, the Republic of South Korea and the European Union have engaged in a bilateral FTA negotiation in early 2007. The objective of the paper is to account for the unexpected difficulties encountered in the negotiation. The paper starts with a brief overview of the trade and investment relations between the two partners and underlines the complementarity between the two partners, as well as their respective offensive and defensive interests. As a next step, the paper delves into the “politics” of the FTA negotiation with a view to highlighting the motivations and objectives of the various partners involved. It comes to the conclusion that the major reason why the negotiation turned out to be more complex than initially expected relates to the two partners’ diverging views as to what a discriminatory FTA should imply.     

Performance of the SNPforID 52 SNP-plex assay in paternity testing

The performance of a multiplex assay with 52 autosomal single nucleotide polymorphisms (SNPs) developed for human identification was tested on 124 mother–child–father trios. The typical paternity indices (PIs) were 10⁵–10⁶ for the trios and 10³–10⁴ for the child–father duos. Using the SNP profiles from the randomly selected trios and 700 previously typed individuals, a total of 83,096 comparisons between mother, child and an unrelated man were performed. On average, 9–10 mismatches per comparison were detected. Four mismatches were genetic inconsistencies and 5–6 mismatches were opposite homozygosities. In only two of the 83,096 comparisons did an unrelated man match perfectly to a mother–child duo, and in both cases the PI of the true father was much higher than the PI of the unrelated man. The trios were also typed for 15 short tandem repeats (STRs) and seven variable number of tandem repeats (VNTRs). The typical PIs based on 15 STRs or seven VNTRs were 5–50 times higher than the typical PIs based on 52 SNPs. Six mutations in tandem repeats were detected among the randomly selected trios. In contrast, there was not found any mutations in the SNP loci. The results showed that the 52 SNP-plex assay is a very useful alternative to currently used methods in relationship testing. The usefulness of SNP markers with low mutation rates in paternity and immigration casework is discussed.