Suchergebnisse

Describes the deportation of 45,000+ Jews from Vienna to ghettoes & extermination sites in Poland, Bohemia, Belorussia, & the Baltic states, 1941/42. The bureaucratic organization required to carry out the deportations is described, along with attempts by the Austrian judiciary to avenge war crimes committed against Jews. Johann Rixinger, a leader of the so-called Jewish division of the Viennese Gestapo, was prosecuted by the Viennese people's court in 1947 & sentenced to 10 years in prison. Other court cases are examined, noting that perpetrators who stole the property of deportees, but did not torment them, faced a more lenient judiciary. All persons involved in the deportation process had a good chance of escaping punishment if they were not sentenced before the people's courts were discontinued in Dec 1955. The case of the many trials of Franz Novak, who was arrested in 1961 for committing murder by "organizing the transport of Jews to concentration camps," is detailed to explore issues surrounding superior orders, crimes of obedience, & claims of ignorance about the Final Solution. J. Lindroth

Examines the role of the judiciary in exposing public officials' corrupt behavior in Italy, France, & Spain throughout the late 20th century. The 1992 scandal involving Italian party leader Bettino Craxi is reviewed to illustrate the extent to which corruption definitions have changed in contemporary society. It is contended that the association of legal discourse in the judiciary with moral discourse in the media produced the increased exposure of scandal in the Latin European nations throughout the 1990s. The role of certain Italian, French, & Spanish judiciaries in highlighting the prevalence of clientelism & other forms of corruption in their respective nations is discussed. Claims of judicial legitimacy have necessarily involved the political sphere in investigations of corruption. The place of national business sectors in the judicial-political-media schema for examining corruption scandals is addressed. 1 Figure. J. W. Parker

Examines the role of the judiciary in exposing public officials' corrupt behavior in Italy, France, & Spain throughout the late 20th century. The 1992 scandal involving Italian party leader Bettino Craxi is reviewed to illustrate the extent to which corruption definitions have changed in contemporary society. It is contended that the association of legal discourse in the judiciary with moral discourse in the media produced the increased exposure of scandal in the Latin European nations throughout the 1990s. The role of certain Italian, French, & Spanish judiciaries in highlighting the prevalence of clientelism & other forms of corruption in their respective nations is discussed. Claims of judicial legitimacy have necessarily involved the political sphere in investigations of corruption. The place of national business sectors in the judicial-political-media schema for examining corruption scandals is addressed. 1 Figure. J. W. Parker

An examination of the judicial treatment of migrant criminality focuses on the complex interaction between immigrants & the receiving society. Formal & informal procedures related to migrant crime are described, along with the cognitive & moral dimensions that impact both court life & the social construction of migrant crime. Empirical findings regarding petty crimes & drug-dealing cases in Italy are presented to illustrate the structural weakness of the legal position of migrants, ways in which the judicial system uses its discretionary power to contribute to definitions of what is criminal, & how migrant criminality as a social fact helps to explain various social, legal, psychological, cultural, & political aspects of migrant criminality. Special attention is given to the role played by law enforcement & prosecution practices in defining the boundaries between informal & criminal, as well as how institutional & political decisions involved in the social construction of immigrants' criminality lead to perceptions of immigrant crime as a cause for social insecurity. 4 Tables, 40 References. J. Lindroth

The scholarly traditions that explain the federal judicial state building in the United States are countered with a new theory of federal courts. A game theoretic Congressional centered account & a judicial court centered account are compared to the new approach of a jurisdiction game applied to the Fugitive Slave Act. The jurisdiction game puts the federalism back into federal court analysis by including the preferences of state voters, states rightists & moderns. The apparent preference reversals of antebellum abolitionists & slave holders, the passage of the Removal Act of 1875 & state sovereign immunity are integrated into the analysis. This model overcomes the current silence over the national versus state power in theories of federal courts. The integration of institutions & preferences is useful to explore the consequences for federal judicial power on deep preferences, although it says little about the origins of shifting passions & structure. Figures, Appendixes, References. J. Harwell

Examines the professionalization of politics & the political class in Spain. The country's political history & institutions, including the Parliament, judiciary, & committees, are outlined. The importance of relations among professional politicians & allegiance to the political party are asserted. Political scandal & institutional reform are discussed in an evaluation of Spain's political class. 2 Tables, 34 References. L. Collins Leigh

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

Describes the origins, evolution, & operations of the US Constitution, which has had wide significance as an exemplum of modern federal democracy. Central tenets of the Constitution, including federalism, the division of powers, an independent judiciary, & the rights of the individual, have been adopted across the globe. Yet both the Constitution & US federalism have been dynamic, as is indicated by key post-Civil War Amendments. The Constitution has also been affected by political & social change, the continental expansion of the nation, & the US's emergence as an economic & military superpower. K. Coddon

Discusses the role of judicial review via two Canadian Supreme Court cases that focus on homosexual rights, Andrews v. Law Society of British Columbia & Vriend v. Alberta. The political philosophies of the Canadian Court are considered to conflict with the liberal concept of limited government based on Tocqueville, Madison, &, in particular, John Hart Ely. Instead, the court's post-liberal vision provides for the judiciary to act on behalf of interests that disagree with governmental actions & inactions. The philosophies of Ely & the logic of the court in the Andrews & Vriend decisions are analyzed. The Canadian Supreme Court is deemed an activist court with a blatant political agenda. L. Collins Leigh

Examines decisions of the Canadian Supreme Court -- concerning section 15 -- for evidence of an emergent judicial rationalism, or a legal & political idea that assumes social institutions should be deliberately designed by the judiciary. The rationalist doctrines developed under section 15 altered a focus on discrimination & individuals to an equal rights focus on disadvantage & groups, as well as a deeper transformation in the meaning of equality & democratic process in Canadian constitutionalism. Several decisions are analyzed, including cases focusing on sex role orientation, Andrews v. Law Society of British Columbia & Vriend v. Alberta. The Canadian Court's judicial rationalism is deemed antithetical to the spirit & principles of liberal constitutionalism. L. Collins Leigh

Explores the concepts of the status quo & structure-induced equilibrium during the development of the Canadian constitution since 1867. The decision-making rules & procedures, in regard to treatment of the status quo, for each of the three Canadian constitutions illuminate the following: (1) the first demonstrated a separation of powers among multiple authorities; (2) the second placed executive powers over the legislative; & (3) the third, representing the post-1982 power structure, allows control of the executive over the legislature with an increasingly powerful judiciary. The relations between the powers in the dual system are explored via examples of complex games between the courts & executive, & confirmation of the Rawlsian paradox is asserted. 3 Figures. L. Collins Leigh

A constitutional focus is applied to a consideration of the concept of "the people" & their role in Australia's evolving deliberative democracy in light of the persistence of the monarchy in the body politic. Following a brief explication of the concept of "the people" & their ambiguous position in the Australian constitutional landscape, a particular manifestation of the people is examined in terms of the constitutional notions of sovereignty & public trust. It is contended that these approaches offer an adequate understanding of the foundational role of the people; however, using this idea in other than an aspiration form foregrounds issues of political representation & democracy. Attention is given to Dicey's notions of parliamentary sovereignty & supreme court challenges to it, before addressing Australian republicanism & the public trust vis-a-vis the judiciary. J. Zendejas

Key institutions to fight corruption that came into being with the 1997 Thai Constitution are examined. The three main directions for reforms in combating corruption were increasing citizen participation & human rights guarantees at all levels of government; setting up "watchdog" agencies & increasing transparency in decision making; & creating mechanisms for government stability & efficiency. The eight interdependent pillars of integrity called for in the Constitution are the political will, watchdog agencies, public awareness, the media, administrative reforms, Parliament, the judiciary branch, & the private sector. The practical difficulties associated with the creation & operation of these institutions are discussed. To improve the integrity of the Thai constitutional system, three areas need attention: institutional improvement (in watchdog agencies), public & private sector reform, & enhancement of public awareness & participation. 4 Figures, 1 Appendix. M. Pflum

Discusses delegation & accountability relationships in the Netherlands, which has been characterized both as a consociational democracy & a neo-corporatist system, each of which stresses the primacy of elites. Catholic, Protestant, & Socialist groups have established networks of subcultural organizations; this aspect of Dutch political culture is known as pillarization. Although the social pillars have largely declined in influence, their leaders still bear collective responsibility for governance in an environment of compromise & cooperation, working together in particular policy areas such as education & socioeconomic policy, often in tripartite advisory councils. The impact of Dutch consociationalism & neo-corporatism on political parties, legislation, voting, & the delegation process is described, followed by a discussion of external factors affecting delegation & accountability, including referendums, the judiciary, & the Netherlands' EU membership. The conclusion underscores key areas of deviation from the ideal-type chain of delegation & accountability. 1 Table, 34 References. K. Coddon