Yet another coup d'État in Germany? Schröder's vote of confidence and parliamentary government in Germany

According to some political commentators Gerhard Schröder's decision in May 2005 to use a ‘false’ vote of confidence in order to have the Bundestag dissolved was nothing less than a coup d'état. From this vantage point an incumbent chancellor had put party interests above crucial aspects of the Basic Law. The debate ensuing Schröder's decision is, thus, to be understood as a variation of a controversy about the legitimate power of parties in the political system, i.e. about the essence of the parliamentary form of government in Germany. In order to bring these issues to the fore the article first describes the chronology of events triggered by Gerhard Schröder's (and Franz Müntefering's) announcements on 22 May 2005. It then examines the five motions for a vote of confidence that have been brought to the floor of the Bundestag since 1949. Finally, it discusses the question of whether the Bundestag should receive the constitutional right to dissolve itself. Overall the analysis supports the view that the vote of confidence has been totally subsumed under the logic of parliamentary government in Germany.     

Custodial Sovereignty: Reconciling Sovereignty and Global Environmental Challenges amongst the Vestiges of Colonialism

Netherlands International Law Review -     

A European Constitutional Patriotism? The Case Restated

Abstract:  Especially since the failure of the European Constitutional Treaty, the idea of a European constitutional patriotism has become subject to ever more intense criticism. This article argues that many of the criticisms of the idea of a European constitutional patriotism have been based on philosophical misunderstandings (both of the notion of constitutional patriotism as such, and of the role it could play in Europe) or rely on implausible empirical claims. Accordingly, the normative idea of constitutional patriotism is first clarified; second, the article discusses some of the most common normative and empirical traps when trying to 'transfer' constitutional patriotism from a domestic nation-state context to the supranational level, as well as the tendency to overburden constitutional patriotism with expectations of solidarity and deliberative democracy; third, an EU-specific post-sovereign, pluralist version of constitutional patriotism is defended against critics who see even such a vision as insufficiently sensitive to value pluralism and cultural diversity.     

Representation of cerebral bridging veins in infants by postmortem computed tomography

The postmortem diagnosis of shaken baby syndrome, a severe form of child abuse, may be difficult, especially when no other visible signs of significant trauma are obvious. An important finding in shaken baby syndrome is subdural haemorrhage, typically originating from ruptured cerebral bridging veins. Since these are difficult to detect at autopsy, we have developed a special postmortem computed tomographic (PMCT) method to demonstrate the intracranial vein system in infants. This method is minimally invasive and can be carried out conveniently and quickly on clinical computed tomography (CT) systems. Firstly, a precontrast CT is made of the infant's head, to document the original state. Secondly, contrast fluid is injected manually via fontanel puncture into the superior sagittal sinus, followed by a repeat CT scan. This allows the depiction of even very small vessels of the deep and superficial cerebral veins, especially the bridging veins, without damaging them. Ruptures appear as extravasation of contrast medium, which helps to locate them at autopsy and examine them histologically, whenever necessary.     

A biomechanical analysis of the causes of traumatic brain injury in infants and children

There is significant disagreement among medical professionals regarding the mechanisms for infant brain injury. This disagreement is due in part to the failure by some to acknowledge and incorporate known biomechanical data and models into hypotheses regarding causes. A proper biomechanical understanding of the mechanisms of traumatic brain injury (TBI) challenges many published and testified assumptions regarding TBI in infants and children. This paper analyzes the biomechanical relationship between the causes of TBI in infants and children, and their physiological consequences. Loading characteristics, injury parameters and criteria, scaling, failure characteristics, differences between infants and adults, and impact due to falls are described and discussed in the context of the laws of mechanics. Recent studies are critiqued with reference to their contribution to an understanding of brain injury mechanisms. Finally, methods for improving our currently incomplete knowledge of infant head injuries, and their mechanisms, consequences and tolerances are proposed. There is an urgent need for close collaboration between physicians and biomechanicians to objectively and scientifically evaluate infant head injuries to further define their mechanical bases, and to assist in their diagnosis and treatment.