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This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for several decades already with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of th...
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The attack on the Twin Towers clearly derailed what would have almost certainly been a major expansion and liberalisation of American immigration law that the Bush administration had promised President Vicente Fox of Mexico.2 It was expected that the new Bush policies would include guest worker programs, at a minimum, and many legislators called for legalization programs. Balancing security with the need for immigrants due to demographics, labor needs, and economic growth is difficult in light of a public that tends to be generally anti-immigrant, which is mainly due to "ideational and cultural" concerns as highlighted by Rosenblum.29 The difference in policy focus between the US and Europe is influenced by many factors, including many historical factors which I have not included here ...
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In Lautsi v. Italy, a chamber of the European Court on Human Rights (ECHR) banned the display of the cross in school classrooms, arguing that such a display was a violation of religious freedom and of a parent's right to educate his children. In addition, the court awarded the petitioner 5,000 euros in nonpecuniary damages. Whether the unusual verdict was motivated by animus or disdain toward religion in general, or against the Catholic Church in particular, is uncertain. The decision did, however, imply an obligation to impose strict secularism in Europe. The Lautsi v. Italy decision caused a worldwide stir for several reasons. First, the court inexplicably departed from its previous case law on the "margin of appreciation" doctrine, according to which such complex and delicate matters...
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LONDON (Reuters) - David Cameron has put Britain offside and offshore in Europe. In his failed last-minute quest for special treatment over financial regulation, the prime minister has taken Britain out of the room where decisions on the future of Europe will be shaped. The consequence could well be a prolonged, bitter parting of the ways between the British and the rest of the European Union, culminating in an acrimonious divorce in which both sides lose.
