The Gender Of Constitutional Jurisprudence
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The Gender Of Constitutional Jurisprudence
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Author : Beverley Baines
language : en
Publisher: Cambridge University Press
Release Date : 2005
The Gender Of Constitutional Jurisprudence written by Beverley Baines and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Gender And The Constitution
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Author : Helen Irving
language : en
Publisher: Cambridge University Press
Release Date : 2008-01-21
Gender And The Constitution written by Helen Irving and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-21 with Law categories.
We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.
Feminist Constitutionalism
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Author : Beverley Baines
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Feminist Constitutionalism written by Beverley Baines and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-16 with Law categories.
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Constituting Equality
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Author : Susan Hoffman Williams
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-31
Constituting Equality written by Susan Hoffman Williams and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-31 with Law categories.
The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
The Constitutional And Legal Rights Of Women
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Author : Judith A. Baer
language : en
Publisher:
Release Date : 2006
The Constitutional And Legal Rights Of Women written by Judith A. Baer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The Constitutional and Legal Rights of Women: Cases in Law and Social Change is designed to provide undergraduate students with a comprehensive, sophisticated treatment of the legal status of all American women. Authors Baer and Goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law - as well as the dynamics and dissension within the feminist movement. Building on Goldstein's previous editions, this book combines updated material on constitutional law, gender discrimination, and women's rights with new cases and readings on family law, gay rights, and criminal law. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, and the capacity of law to effect societal change. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. equality, advances in reproductive technology law, divorce, child custody, education, same-sex marriage, pornography, and domestic violence. Special features include: a timetable of national women's rights cases and legal changes; readings that present opposing views on issues such as pornography, rape, and the battered woman syndrome; historical coverage; discussion questions following most cases; and a supplemental website.
Gender Sexuality And Constitutionalism In Asia
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Author : Wen-Chen Chang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-28
Gender Sexuality And Constitutionalism In Asia written by Wen-Chen Chang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.
Global Gender Constitutionalism And Women S Citizenship
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Author : Ruth Rubio-Marin
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-06
Global Gender Constitutionalism And Women S Citizenship written by Ruth Rubio-Marin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-06 with Law categories.
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Gender Justice And Proportionality In India
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Author : Juliette Gregory Duara
language : en
Publisher: Routledge
Release Date : 2017-10-06
Gender Justice And Proportionality In India written by Juliette Gregory Duara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-06 with Social Science categories.
For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine’s interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.
The Constitutional Jurisprudence Of The Federal Republic Of Germany
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Author : Donald P. Kommers
language : en
Publisher: Duke University Press
Release Date : 2012-11-09
The Constitutional Jurisprudence Of The Federal Republic Of Germany written by Donald P. Kommers and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-09 with History categories.
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Law Gender And Injustice
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Author : Joan Hoff
language : en
Publisher: NYU Press
Release Date : 1994-04
Law Gender And Injustice written by Joan Hoff and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-04 with Health & Fitness categories.
The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR