Article 260(2) TFEU: An Effective Judicial Procedure for the Enforcement of Judgments?

Article 260(2) TFEU (ex 228(2) EC) enables the European Court of Justice to enforce compliance with its judgements. This article analyses its use in doing so and questions whether it could be applied more effectively. It commences by highlighting the principally economic and environmental context of the case-law, and by examining the initiatives taken to tackle delays in bringing these cases before the Court. The article then critically evaluates the effectiveness of the financial sanctions available to the Court. In doing so, it aims to fill a gap in present research by looking beyond the procedural measures through which the Court and the Commission operate to examine the practical impact of Article 260(2) itself.

Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - something that is wholly consistent with section 2 of the Human Rights Act 1998 - the article notes areas in which the courts have been reluctant to adapt common law principles, as well as instances of common law protections exceeding those available under Article 6 ECHR. The article suggests that such lines of reasoning reveal a robustness within the common law that brings a multi-dimensional quality to the Human Rights Act 1998. It also suggests that such robustness can be analysed with reference to 'common law constitutionalism' and a corresponding imagery of 'dialogue' between the domestic courts and European Court of Human Rights.

Bouyid v Belgium: The “minimum level of severity” and Human Dignity's Role in Article 3 ECHR

The Grand Chamber of the European Court of Human Rights recently delivered an important judgment on Article 3 ECHR in the case of Bouyid v Belgium. In Bouyid, the Grand Chamber was called upon to consider whether slaps inflicted on a minor and an adult in police custody were in breach of Article 3 ECHR, which provides that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. Overruling the Chamber judgment in the case, the Grand Chamber ruled by 14 votes to 3 that there had been a substantive violation of Article 3 in that the applicants had been subjected to degrading treatment by members of the Belgian police; it found that there had been a breach of the investigative duty under Article 3 also. In this comment, I focus on the fundamental basis of disagreement between the majority of the Grand Chamber and those who found themselves in dissent, on the question of whether there had been a substantive breach of Article 3. The crux of the disagreement lay in the understanding and application of the test of ‘minimum level of severity’, which the ECtHR has established as decisive of whether a particular form of ill-treatment crosses the Article 3 threshold, seen also in light of Article 3’s absolute character, which makes it non-displaceable – that is, immune to trade-offs of the type applicable in relation to qualified rights such as privacy and freedom of expression. I consider the way the majority of the Grand Chamber unpacked and applied the concept of dignity – or ‘human dignity’ – towards finding a substantive breach of Article 3, and briefly distil some of the principles underpinning the understanding of human dignity emerging in the Court’s analysis.

Joining the `Crusade against the Giants': Keir Hardie's Fairy Tales and The Socialist Child Reader

This article focuses on Keir Hardie's forgotten fiction and journalism for children, published in his paper The Labour Leader during the 1890s. It argues that Hardie's dialogue with child correspondents was shaped by a socialist periodical culture that redefined reading as a communal, political activity. Relating Hardie's appropriation of fantasy to that of a fellow socialist editor, John Trevor, the article examines the fairy tale as a propaganda tool in the process of `making socialists', but also questions the model of child readers as passive consumers, arguing that young readers were both empowered and controlled by Hardie's journalistic strategies.

Getting Close to the Action: The Micro-Politics of Rural Development

This article identifies and positions micro-politics within rural development practice. It is concerned with the hidden and subtle processes that bind groups together, including trust, power and personal perceptions and motivations. The first section of the article provides a theoretical context for micro-political processes which reveals subtle distinctions from social capital. The section following describes the ethnographic approach that sets the methodological framework for the research. The findings reveal how micro-political processes manifest in a rural development group affect norms and relations both positively and negatively. Finally the causes of and factors affecting micro-politics are considered before concluding with a discussion on how micro-politics may be managed in rural regeneration.

Abstract Hatred: Yeats and the Counter-Revolutionary Paradigm

This article examines W.B. Yeats's affiliation to a counter-revolutionary tradition that had its origins in the works of Edmund Burke and incorporated a range of later writers from Alexis de Tocqueville to Hippolyte Taine. This tradition possesses significant internal differences and contradictions, but it derives its general structure and coherence from a shared distrust of particular kinds of theoretical abstraction. Placed against this background, Yeats's extravagant campaign against the abstract develops political substance and form. The article demonstrates how Yeats's general denunciation of abstraction in politics drives his attacks on both nationalism and democracy in Ireland.

Revolution and the ritual year: religious conflict and innovation in Cristero Mexico

This article analyses Catholic responses to persecution of the Church by the Mexican state during Mexico's cristero rebellion (1926–9) and seeks to make a new contribution to the revolt's religious history. Faced with the Calles regime's anticlericalism, the article argues, Mexico's episcopate developed an alternative cultic model premised on a revitalised lay religion. The article then focuses on changes and continuities in lay – clerical relations, and on the new religious powers of the faithful, now empowered to celebrate ‘white’ masses and certain sacraments by themselves. The article concludes that persecution created new spaces for lay religious participation, showing the 1910–40 Revolution to be a period of religious, as well as social, upheaval.

The religious content of ethnic identities

The religious dimensions of ethnic identities have been under-theorized. In contemporary industrial societies there is a tendency to characterize religiously demarcated groups as 'really' ethnic.This article suggests that the religious content of ethnic boundaries may be more important than might initially be assumed. A religious identification may have specific religious content and assumptions that may cause it to operate in different ways from other identities. Even if identities do not seem primarily religious per se, they may have latent religious dimensions that can become reactivated. Whilst identity conflicts and other social struggles may stimulate the return of the religious, once reactivated, the religious dimensions of identity may take on a logic of their own.Therefore, the article argues that in many contexts there is a two-way relationship between religion and ethnicity. Each can stimulate the other, rather than religion simply playing a supporting role to the ethnic centrepiece.

Is Northern Ireland abnormal? An extension of the sociological debate on religion in modern Britain

This article places Northern Ireland within the unfolding sociological debate on religion in modern Britain. It measures secularization along Casanova’s three dimensions (1994): religious differentiation, decline and privatization. It finds that Northern Ireland has, in common with Britain, high levels of religious differentiation, grey areas of religious belief and little convinced secularism. However, Northern Ireland differs in that it has higher levels of religious affiliation and practice, and religion plays more roles in civil society than it does in other parts of Britain. The article explores the role of conflict in forming these religious trends, asking if they represent a persistence of the sacred, or simply mask deeper ethnic divisions. It concludes that the social dimensions of religion are just as important as the supernatural, and that they often inform each other. Finally, it suggests that the dynamics of religious change are comparable across regions and, as such, Northern Ireland might be a useful case study for British policy makers, particularly as it becomes increasingly multicultural and religiously plural.

So what if time is of the essence?

This article is concerned with the remedies available for delay in the performance of contractual obligations, and in particular with the proper analysis of the question whether time is of the essence. The law in this area is both difficult and complex, not only with regard to whether time is of the essence in any given case, but also with regard to what this entails. It is argued that many of the difficulties arise from the ambiguous and inconsistent way in which the courts have approached the question whether time is of the essence, the concept being used in several distinct, albeit related, senses. The article seeks to demonstrate that the law relating to the topic is unnecessarily complicated, and to suggest ways in which it might be simplified.

The Effects of Social Class and Ethnicity on Gender Differences in GCSE Attainment: A Secondary Analysis of the Youth Cohort Study of England and Wales 1997-2001

This article is based upon a secondary analysis of the Youth Cohort Study of England and Wales 1998 and examines the effects of social class and ethnicity on gender differences in GCSE attainment for those who left school in 1997 (n = 14,662). The article shows that both social class and ethnicity exert a far greater influence on the GCSE performance of boys and girls than gender. Moreover, the article also shows that an interaction effect is present between social class and gender and also between ethnicity and gender in relation to their impact upon GCSE attainment. More specifically, the findings suggest that a strong correlation exists such that the lower the overall levels of educational attainment for any group (whether that group is defined in terms of social class or ethnicity), the higher the gender differences that exist between those within that group.

Keeping a sense of proportion but losing all perspective: a critique of Gorard's notion of the 'Politician's Error'

In 1999 Stephen Gorard published an article in this journal in which he provided a trenchant critique of what he termed the `politician's error' in analysing differences in educational attainment. The main consequence of this error, he argued, has been the production of misleading findings in relation to trends in educational performance over time that have, in turn, led to misguided and potentially damaging policy interventions. By using gender differences in educational attainment as a case study, this article begins by showing how Gorard's notion of the politician's error has been largely embraced and adopted uncritically by those within the field. However, the article goes on to demonstrate how Gorard's own preferred way of analysing such differences – by calculating and comparing proportionate changes in performance between groups – is also inherently problematic and can lead to the production of equally misleading findings. The article will argue that there is a need to develop a more reliable and valid way of measuring trends in educational performance over time and will show that one of the simplest ways of doing this is to make use of existing, and widely accepted, measures of effect size.

Symbolic violence and the neighbourhood: young working class girls' attitudes to education in Belfast

This article focuses on the experiences of 7-8 year old working-class girls in Belfast, Northern Ireland and their attitudes towards education. It shows how their emerging identities tend to emphasize relationships, marriage and motherhood at the expense of a concern with education and future careers. The article suggests that one important factor that can help explain this is the influence of the local neighbourhood. In drawing upon Bourdieu's concepts of symbolic violence and habitus and Elias' notion of figuration, the article shows how the local neighbourhood represents the parameters of the girls' social worlds. It provides the context within which the girls tend to focus on social relations within their community and particularly on family relationships, marriage and children. It also provides the context within which the girls tend to develop strong interdependent relationships with their mothers that also tend to encourage and reinforce the girls' particular gendered identities. The article concludes by arguing that there is a need for more research on working-class girls and education to look beyond the school to incorporate, more fully, an understanding of the influence of the family and local neighbourhood on their attitudes towards education and their future career aspirations.

Qualitative methods in the study of children's racial attitudes and identities

This article examines the role that qualitative methods can play in the study of children's racial attitudes and behaviour. It does this by discussing a number of examples taken from a qualitative, ethnographic study of five- and six-year-old children in an English multi-ethnic, inner-city primary school. The examples are used to highlight the limitations of research that relies solely on quantitative methods and the potential that qualitative methods have for addressing these limitations. Within this context the article contrasts the strengths and weaknesses of qualitative and quantitative methods in the study of children's racial attitudes and identities. The article concludes by arguing that a much more integrated multi-method approach is needed in this area and sets out some of the most effective ways this could be achieved.

Racist harassment in the white hinterlands: minority ethnic children and parents' experiences in schools in Northern Ireland

This article explores the nature and extent of racist harassment in predominantly white areas. It is based upon a case study of Northern Ireland and draws upon data from indepth interviews with a total of 32 children and 43 parents drawn from the four largest minority ethnic groups in the region: Chinese, Irish Travellers, South Asians and Black Africans. The article demonstrates that racist harassment is a significant problem in schools in Northern Ireland and highlights the varied forms that it can take from overt acts of physical and verbal abuse to more covert and subtle forms of teasing and 'friendly' banter. Following a consideration of the differing responses that schools have made to racist incidents reported to them by children and/or parents, the article concludes by considering the implications of the findings and re-affirming the argument that anti-racist strategies are as relevant and necessary for schools in predominantly white regions as they are in multi-ethnic areas.