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This chapter examines the impact of EU enlargement on the Translation Services of the Court of Justice of the European Communities. The Translation Service is already struggling with stagnating resources and an ever-increasing workload. Eastward enlargement will not only amplify existing problems, but create new ones.

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US constitutional system in ways that it had never been tested before, and did so not because of incompetence, but because of malice aforethought. Contrasts the prior decisions and writings of the particular majority justices with the opinions that they joined in this case; the dramatic discrepancies found raise troubling questions. Moves from this concrete evidence to a more speculative consideration of what may have motivated these inconsistencies. The different sections of the chapter look first at the decisions of Justice Antonin Scalia, Justice Sandra Day O’Connor, Justice Anthony Kennedy, Chief Justice William H. Rehnquist, and Justice Clarence Thomas. The following speculative sections first ask generally why each justice behaved as they did, and then go on to devote separate sections on the motives of each of the five justices.

This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via Supreme Court opinions as various as Chief Justice Roger Taney's in Dred Scott, and the oft‐cited Yick Wo. The author also discusses, at length, Justice John Paul Stevens’ gradual shift from an advocate of equality as status quo to equality as an active, “hands‐on” principle, as in the case of affirmative action.

This chapter seeks to understand how Islamist movements have evolved over time, and, in the process, provide important background on the political and religious contexts of the movements in question. In particular, it shows that Islamist movements coevolve. Focusing on the histories of Morocco's two main Islamist movements—the Justice and Spirituality Organization, or Al Adl wal Ihsan (Al Adl) and the Party of Justice and Development (PJD)—it suggests that their evolutions can only be fully appreciated if they are relayed in unison. These movements mirror one another depending on the competitive context, sometimes reflecting, sometimes refracting, sometimes borrowing, sometimes adapting or even reorganizing in order to keep up with the other.

Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.

This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.

This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting conventions and customary international law obligations, and in interpreting the obligations of government officials to execute faithfully statute law, the Uniform Code of Military Justice, and various directives. It is argued that officials at the highest levels of government made decisions based on the constitutional authority of the president (as administration lawyers defined it) that left open the probability that detainees would be subjected to inhuman treatment and torture as defined by international law. The chapter explores why the issue of the treatment of prisoners has not risen to the level of an Iran-Contra affair and what the reaction tells us about the politics of prerogative power.

This chapter focuses on the Trente Glorieuses (1945-1975), and identifies the first seeds of spatial reconfiguration in the field of social protection: the appearance of new membership spaces (e.g. supplementary pension schemes), the creation of the European Communities, and the establishment of a coordination regime regulating the social entitlements of migrant workers within the EC. The chapter discusses the original division of labour between the market-making functions of the EC, and the redistributive functions left to the member states. It also reconstructs the emergence of a distinct EC “constitutional order” and its creeping implications for national social rights through legal integration.

This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.

The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.