The Caribbean Court of Justice: An investigation of the impact of elites on its creation and present structure as it relates to original jurisdiction

The primary focus of this dissertation is to determine the degree to which political, economic, and socio-cultural elites in Jamaica and Trinidad & Tobago influenced the development of the Caribbean Court of Justice's (CCJ) original jurisdiction. As members of the Caribbean Community (CARICOM), both states replaced their protectionist model with open regionalism at the end of the 1980s. Open regionalism was adopted to make CARICOM member states internationally competitive. Open regionalism was also expected to create a stable regional trade environment. To ensure a stable economic environment, a regional court with original jurisdiction was proposed. A six member Preparatory Committee on the Caribbean Court of Justice (PREPCOM), on which Jamaica and Trinidad & Tobago sat, was formed to draft the Agreement Establishing the Caribbean Court of Justice that would govern how the Court would interpret the Revised Treaty of Chaguaramas (RTC) and enforce judgments. ^ Through the use of qualitative research methods, namely elite interviews, document data, and text analysis, and a focus on three levels of analysis, that is, the international, regional, and domestic, three major conclusions are drawn. First, changes in the international economic environment caused Jamaica and Trinidad & Tobago to support the establishment of a regional court. Second, Jamaica had far greater influence on the final structure of the CCJ than Trinidad & Tobago. Third, it was found that in both states the political elite had the greatest influence on the development and structure of the CCJ. The economic elite followed by the socio-cultural elite were found to have a lesser impact. These findings are significant because they account for the impact of elites and elite behavior on institutions in a much-neglected category of states: the developing world.^

An Exercise in Legal Honesty: Re-writing the Court of Justice and the Bundesverfassungsgericht. IHS Political Science Series No. 136, February 2014

At a time of crisis – a true state of emergency – both the Court of Justice of the European Union and the German Federal Constitutional Court have failed the rule of law in Europe. Worse still, in their evaluation of the ersatz crisis law, which has been developed in response to financial and sovereign debt crises, both courts have undermined constitutionality throughout Europe. Each jurisdiction has been implicated within the techocratisation of democratic process. Each Court has contributed to an incremental process of the undermining of the political subjectivity of European Citizens. The results are depressing for lawyers who are still attached to notions of constitutionality. Yet, we must also ask whether the Courts could have acted otherwise. Given the original flaws in the construction of Economic and Monetary Union, as well as the politically pre-emptive constraints imposed by global financial markets, each Court might thus be argued to have been forced to suspend immediate legality in a longer term effort to secure the character of the legal jurisdiction as a whole. Crisis can and does defeat the law. Nevertheless, what continues to disturb is the failure of law in Europe to open up any perspective for a return to normal constitutionality post crisis, as well as its apparent inability to give proper and honest consideration to the hardship now being experienced by millions of Europeans within crisis. This contribution accordingly seeks to reimagine each Judgment in a language of legal honesty. Above all, this contribution seeks to suggest a new form of post-national constitutional language; a language which takes as its primary function, proper protection of democratic process against the ever encroaching powers of a post-national executive power. This contribution forms a part of an on-going effort to identify a new basis for the legitimacy of European Law, conducted jointly and severally with Christian Joerges, University of Bremen and Hertie School of Government, Berlin. Differences do remain in our theoretical positions; hence this individual essay. Nevertheless, the congruence between pluralist and conflict of law approaches to the topic are also readily apparent. See, for example, Everson & Joerges (2013).

The European Union as a System of Differentiated Integration: Interdependence, Politicization and Differentiation. IHS Political Science Series No. 137, 10 July 2014

This paper conceptualizes the European Union (EU) as a system of differentiated integration characterized by both variation in levels of centralization (vertical differentiation) and variation in territorial extension (horizontal differentiation) across policy areas. Differentiation has been a concomitant of deepening and widening and has increased and consolidated as the EU’s powers, policy scope, and membership have grown. Turning to explanation, the paper attributes the pattern of differentiated integration in the EU to the interaction of interdependence and politicization. Differentiation among the member states (internal differentiation) results from supranational integration under conditions of high interdependence and politicization. By contrast, external differentiation (the selective policy integration of non-member states) occurs in highly interdependent but weakly politicized policy areas. These constellations are illustrated in case studies of differentiation in the internal market, monetary union, and defence.

Political science quarterly.

A review devoted to the historical statistical and comparative study of politics, economics and public law.

The recruitment process of the Shining Path and MRTA guerrilla groups: A political psychological perspective

This thesis is an analysis of the recruitment process of the Shining Path -SP- and Revolutionary Movement “Túpac Amaru” -MRTA- guerrilla groups. Although SP was considered more aggressive, it gained more followers than MRTA. This thesis tries to explain why. Social Revolution Theory and Social Movement Theory provide explanations based on issues of “poverty”, disregarding the specific characteristics of the guerrilla groups and their supporters, as well as the influence of specific persuasive processes between the leaders of the groups and their followers. Integrative complexity theory, on the contrary, provides a consistent method to analyze cognitive processes: because people tend to reject complex and sophisticated explanations that require mental efforts, simplicity was the key for success. To prove which guerrilla group provided a simpler worldview, a sample of official documents of SP and MRTA are compared. Finally, content analysis is applied through the Paragraph Completion Test (P.C.T.). ^

Political corruption in the Caribbean Basin: A comparative analysis of Jamaica and Costa Rica

Political corruption in the Caribbean Basin retards state economic growth and development, undermines government legitimacy, and threatens state security. In spite of recent anti-corruption efforts of intergovernmental and nongovernmental organizations (IGO/NGOs), Caribbean political corruption problems appear to be worsening in the post-Cold War period. This dissertation discovers why IGO/NGO efforts to arrest corruption are failing by investigating the domestic and international causes of political corruption in the Caribbean. The dissertation's theoretical framework centers on an interdisciplinary model of the causes of political corruption built within the rule-oriented constructivist approach to social science. The model first employs a rational choice analysis that broadly explains the varying levels of political corruption found across the region. The constructivist theory of social rules is then used to develop the structural mechanisms that further explain the region's levels of political corruption. The dissertation advances its theory of the causes of political corruption through qualitative disciplined-configurative case studies of political corruption in Jamaica and Costa Rica. The dissertation finds that IGO/NGO sponsored anti-corruption programs are failing because they employ only technical measures (issuing anti-corruption laws and regulations, providing transparency in accounting procedures, improving freedom of the press, establishing electoral reforms, etc.). While these IGO/NGO technical measures are necessary, they are not sufficient to arrest the Caribbean's political corruption problems. This dissertation concludes that to be successful, IGO/NGO anti-corruption programs must also include social measures, e.g., building civil societies and modernizing political cultures, for there to be any hope of lowering political corruption levels and improving Caribbean social conditions. The dissertation also highlights the key role of Caribbean governing elite in constructing the political and economic structures that cause their states' political corruption problems. ^

State legislative term limits and the law of unintended consequences: An examination of member behavior, power structures, and legislative organization in Florida

The implementation of term limits on state legislators has provided a wealth of data for study. Florida, the second largest state in the Union with term limits, has not been comprehensively studied. This research examines the effects of term limits on electoral competition, member composition, legislator career paths, legislative leadership, and intra- and inter-governmental influences on Florida's legislature. This study looks at the Florida legislature from 1992 when term limits were enacted through 2004, three electoral cycles in which term limits have been in effect. This study uses both quantitative and qualitative data where appropriate. Electoral data is used to assess electoral and demographic effects, as well as member career trajectories. Interview data with current and former legislators, lobbyists, and executive branch officials is used to analyze both changes in legislative organization and intra- and inter-governmental influences on the legislative process. Term limits has only created greater competition when a legislative seat opens and has actually created a greater advantage for incumbents. Women and minorities have only made minimal gains in winning seats post-term limits. Newly elected legislators are not political novices with a vast majority having previous elective experience. Leadership is more centralized under term limits and the Senate has gained an advantage over the more inexperienced House. Lastly, the influence of staff, lobbyists, and most importantly, the governor has greatly increased under term limits. This research finds that term limits have not produced the consequences that proponents had envisioned.^

50 years of the Australian journal of political science

2015 marks the 50 year anniversary of the journal we now know as the Australian Journal of Political Science (AJPS). The Australian Political Studies Association (APSA) was established in 1956 and for a decade provided members with ‘a cyclostyled quarterly (newsletter), carrying articles, reviews and news and notes’ (Marchant 1966: 1). In 1965, at its annual conference the Association decided to change its name to include the adjective ‘Australasian’ ‘in order to take into account the increasing participation in APSA activities by political scientists in New Zealand’ (Marchant 1966: 1). The Association also decided to replace the newsletter with a new journal, Politics, a title it retained until 1990, when it became the AJPS.1 The secretary of AJPS, P.D. Marchant, expressed the aspirations for the new journal in the first ‘Foreword’.

Using political science to progress public health nutrition: a systematic review

Objective Poor dietary intake is the most important behavioural risk factor affecting health globally. Despite this, there has been little investment in public health nutrition policy actions. Policy process theories from the field of political science can aid understanding why policy decisions have occurred and identify how to influence ongoing or future initiatives. This review aims to examine public health nutrition policy literature and identify whether a policy process theory has been used to analyse the process. Design Electronic databases were searched systematically for studies examining policymaking in public health nutrition in high-income, democratic countries. Setting International, national, state and local government jurisdictions within high-income, democratic countries. Subjects Individuals and organisations involved in the nutrition policymaking process. Results Sixty-three studies met the eligibility criteria, most were conducted in the USA and a majority focused on obesity. The analysis demonstrates an accelerating trend in the number of nutrition policy papers published annually and an increase in the diversity of nutrition topics examined. The use of policy process theory was observed from 2003, however, it was utilised by only 14% of the reviewed papers. Conclusions There is limited research into the nutrition policy process in high-income countries. While there has been a small increase in the use of policy process theory from 2003, an opportunity to expand their use is evident. We suggest that nutrition policymaking would benefit from a pragmatic approach that ensures those trying to influence or understand the policymaking process are equipped with basic knowledge around these theories.

SPSS step by step - essentials for social and political science

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Political Discourse Analysis, Sport and Scottish Independence: Provisional Reflections upon Fairclough and Fairclough's (2012) Analytical Framework.

This paper aims to reflect upon the potential analytical utility of the political discourse analysis framework proposed by Isabela Fairclough and Norman Fairclough (2012). This framework represents the most recent substantive development upon Norman Fairclough's past work situated within the wider school of Critical Discourse Analysis, building upon his influential position this methodological tradition. Central to this development is the additional emphasis placed upon the necessity to conceptualise all political discourse as 'argumentative' in nature, given that political actors are ultimately proposing or refuting particular courses of concrete future action. This paper will therefore apply Fairclough and Fairclough's model to provisional data derived from an ongoing doctoral thesis which considers the nature of political discourse relating to sport, the Glasgow 2014 Commonwealth Games and Scottish independence, with an ultimate aim of critically considering the benefits and limitations of applying this analytical framework as a methodological tool within this ongoing study.

The Working Group on Scottish Sport and the Scottish Independence Referendum: an Unrealised Political 'Imaginary'?

In September 2014, a historic referendum on the issue of Scottish independence was held, with the potential to dissolve the political union between Scotland and the other constituent nations of the United Kingdom which had survived intact since the 1707 Act of Union. On a significantly high electoral turnout of 84.6%, the Scottish electorate opted to reject the proposals of the governing party in the devolved Scottish Parliament, the pro-independence Scottish National Party (SNP), to create an independent Scottish state, with 55.3% of the electorate voting ‘No’ to Scottish independence against a 44.7% ‘Yes’ vote. In the grand scheme of the Scottish independence referendum campaigns, sports policy remained a somewhat peripheral issue within the arguments forwarded by the Yes Scotland and Better Together campaigns. Nonetheless, developments such as the formation of the 'Sport for Yes' campaign sub-group, the inclusion of sport within the Scottish Government’s White Paper on Scottish independence and the establishment of the Working Group on Scottish Sport demonstrated that the potential implications of independence were still deemed significant enough to merit a degree of policy planning by the Scottish Government (Lafferty, 2014; Scottish Government, 2013; Working Group on Scottish Sport, 2013, 2014). This paper will critically consider the implications of the 'No' vote in the Scottish independence referendum for the latter of these developments, the policy proposals of the Working Group for Scottish Sport. Drawing upon the principles of critical discourse analysis, specifically the analytical framework proposed by Fairclough and Fairclough (2012), the content of this group's proposal will be examined in order to critically explore the policy for Scottish sport it envisaged for an independent Scottish state. The paper will then conclude by reflecting upon the extent to which elements of this political 'imaginary' (Fairclough and Fairclough, 2012) of Scottish sport remain a possibility for future sports policy in Scotland following the eventual 'No' vote in the referendum.