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The most important lesson that can be learned from Dred Scott is that the Supreme Court should exercise caution when addressing political controversy. Therefore, the Court's handling of Bush v. Gore was rather peculiar. This article looks at the legal system's approach to the 2000 US presidential election. It looks first at the protest action of the FL Supreme Court & the US Supreme Court. It then examines the contest action of both court systems. Finally, the article examines reaction to the Supreme Court's decision, especially the Court's partisan leanings. The article concludes that the Supreme Court's actions in the 2000 election prove that the highest court in the land operates under the assumption that the people are too "stupid or too irrational" to govern. In making this assumption, the justices of the Supreme Court demonstrated both their arrogance & their willingness to alter the law. K. A. Larsen

"The chapter proposes to conceptualise constitutional courts as self-referentially operating, autopoietic systems. From a perspective of social systems theory, constitutional courts are autopoietic organisations that are capable of generating sufficient cognitive complexity to regulate themselves. This is demonstrated in relation to three aspects of constitutional court practice: autonomy in docket control, recursive decision-making and the development of consequentialist legal doctrine that makes reflexive use of information concerning the court's own Impact. In the final section, the chapter assesses the role of autopoietic constitutional courts operating in the zone of structural coupling between the legal and the political system." (author's abstract)

Discusses the relationship between representative democracy & judicial authority, with focus on the degree that citizens can influence judicial institutions regarding public policy interests & the variation of this influence between countries in North America, Europe, & Asia-Pacific. An examination of public interest suits & levels of judicial discretion reveal the degree that courts are used as an arena for policy innovation. Variables scrutinized include separation of powers, nature & scope of rights enforceable in courts, & the ability to challenge state authorities in court. Conclusions are drawn regarding the regional differences in judicial policy discretion & the policy objectives of public interests. 6 Tables, 3 Figures. L. Collins Leigh

The controversy surrounding the legal measures taken to determine the winner of the FL vote in the 2000 US presidential election is examined. Profiles of individuals who voted for George W. Bush & Al Gore are presented; specific attention is directed toward determining voters' gender, race, place of residence, religion, educational achievement, ideology, income, & principal policy concerns. An overview of US TV networks' behavior throughout election night is then provided. The strategies adopted by the Bush & Gore camps in attempting to acquire FL's contested electoral votes are then discussed. The actions of the FL Secretary of State in setting deadlines for having the state's votes counted & the Florida Supreme Court's overruling of these deadlines are then reviewed; in addition, the US Supreme Court's decision to overturn the lower-level court's decision are explored. After discussing the public's response to the outcome in FL, the implications of the US Supreme Court's role in deciding the FL controversy are considered. 5 Tables, 19 References. J. W. Parker

The Clinton administration was an early supporter of a permanent court to try individuals accused of war crimes, crimes against humanity, & genocide. When control over the court's agenda was not assigned to the UN Security Council, the U.S. position changed from support to opposition. Now that the International Criminal Court has been created, it stands as a continuing example of the unilateralism that critics say characterizes US. foreign policy. In light of the broad international support for the court, continuing U.S. opposition to it raises questions about the United States' commitment to the rule of international law.

"The governance of the European Union (EU) today represents a new form of legal pluralism. It involves relations between numerous sites of governance (Snyder 2000, 2002), encompassing the EU and its Member States but also including other institutions such as the World Trade Organisation (WTO). Both the European Court of Justice (ECJ) and the Court of First Instance (CFI) have contributed significantly to its construction. Especially since 1995, an increasing number of judicial decisions have created a dense web of relations between the EU, its Member States and the WTO. This chapter explores the ways in which the European courts have so far constructed this new form of multi-site governance. The chapter consists of three main parts, each focusing on a different strand in the emerging relations of multi-site governance. The first part discusses the integration of WTO law into EC law. The second part focuses on the position of individuals. The third part considers relations between WTO, the EU and the EU Member States. As summarised in conclusion, the European courts have articulated new relations between sites of governance which continue to reshape the distribution of law-making power in Europe." (author's abstract)

Argues that the decisions of the US Supreme Court in Bush v. Gore are an example of a new model of equal protection that emerged with earlier Court decisions regarding race-conscious redistricting. Attention is called to George W. Bush's earlier appearance before the US Supreme Court in Bush v. Vera, a highly partisan challenge to 1991 congressional redistricting in TX. It is contended that both Bush cases involve "structural equal protection" that is aimed at regulating institutional arrangements within which politics are carried out, rather than at protecting the rights of individuals or groups, especially disadvantaged groups. Numerous cases that paved the way for the establishment of the new equal protection doctrine are examined, along with the Court's rationale for intervening in the 2000 presidential election. It is contended that the equality problems stressed by the Court in Bush v. Gore were not as severe as those that could have been resolved with a manual recount, & the Court's recent use of equal protection produces less, not more, equality & democracy. J. Lindroth

Examines the relationship between judicial activism & liberal constitutionalism in regard to state actors, & argues that judicial activism does not necessarily lead to the decline of democratic politics in Canada. The contention that different state actors produce different effects on liberal constitutionalism is illuminated by judicial review of legal rights by the Supreme Court of Canada between 1982 & 1999, particularly concerning the impact of judicial activism on the conduct of the police & legal rights cases involving challenges to statutes & regulations. It is concluded that the impact of judicial activism varies & is dependent on the state actor in question & the particular policy area. 4 Tables. L. Collins Leigh

Examines the many competing & contradictory ways "woman" is constituted within the legal system of postcolonial India. It is argued that the domain of inheritance is particularly appropriate for assessing how cultural constructions of gender, family, religion, & nation impact legal decision making. Numerous cases involving litigation over property are described to show how judicial perceptions of cultural entitlements color legal guidelines, & how icons like "religion" or "woman" are framed within the law to become part of the broader culture. It is contended that, although women seem to be objects trapped in essentialist categories of legal discourse, individual women usually improve their situation by demanding legal entitlements in court. An account is given of wins/losses by women involved in property cases. Recurrent judicial metaphors are analyzed to reveal images used to characterize contemporary women & to show how meanings of nation & religion are restructured in the court's consideration of women's entitlements. The law's potential as both a site of negotiation with dominant ideologies & a tool for change is discussed. 76 References. J. Lindroth