constituting equality gender equality and comparative constitutional law

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Constituting Equality

Author : Susan H. Williams
ISBN : 9780521898362
Genre : Law
File Size : 68. 15 MB
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The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.

Comparative Constitutional Law

Author : Tom Ginsburg
ISBN : 9780857931214
Genre : Law
File Size : 71. 25 MB
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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Gender Of Constitutional Jurisprudence

Author : Beverley Baines
ISBN : 052153027X
Genre : Law
File Size : 42. 99 MB
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To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters.

Comparative International Law

Author : Anthea Roberts
ISBN : 9780190697570
Genre : Law
File Size : 57. 71 MB
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By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.

Gender Equality

Author : Linda C. McClain
ISBN : 9781139480369
Genre : Law
File Size : 77. 19 MB
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Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship - in the laws and constitutions of many countries, as well as in international human rights documents - and the reality of women's lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science and women's studies investigate the many dimensions of women's equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship and global citizenship. Gender Equality takes stock of the progress toward - and remaining impediments to - securing equal citizenship for women, develops strategies for pursuing that goal and identifies new questions that will shape further inquiries.

The Oxford Handbook Of Comparative Constitutional Law

Author : Michel Rosenfeld
ISBN : 9780191640179
Genre : Law
File Size : 39. 78 MB
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Federalism And Subsidiarity

Author : James E. Fleming
ISBN : 9781479875559
Genre : Law
File Size : 55. 62 MB
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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Global Perspectives On The Politics Of Multiculturalism In The 21st Century

Author : Fethi Mansouri
ISBN : 9781317669128
Genre : Political Science
File Size : 54. 75 MB
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Multiculturalism is now seen by many of its critics as the source of intercultural and social tensions, fostering communal segregation and social conflicts. While the cultural diversity of contemporary societies has to be acknowledged as an empirical and demographic fact, whether multiculturalism as a policy offers an optimal conduit for intercultural understanding and social harmony has become increasingly a matter of polarised public debate. ? This book examines the contested philosophical foundations of multiculturalism and its, often controversial, applications in the context of migrant societies. It also explores the current theoretical debates about the extent to which multiculturalism, and related conceptual constructs, can account for the various ethical challenges and policy dilemmas surrounding the management of cultural diversity in our contemporary societies. The authors consider common conceptual and empirical features from a transnational perspective through analysis of the case studies of Australia, Canada, Columbia, Germany, New Zealand, the United Kingdom and Uruguay. ? This book will be of interest to students and scholars of political science, comparative politics, international studies, multiculturalism, migration and political sociology.

Revisiting The Contracts Scholarship Of Stewart Macaulay

Author : Jean Braucher
ISBN : 9781782250609
Genre : Law
File Size : 78. 9 MB
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This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

Gender In Constitutional Law

Author : Catharine A. Mackinnon
ISBN : 1785369393
Genre :
File Size : 65. 94 MB
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Gender in Constitutional Law is a comprehensive three-volume collection of formative and influential scholarship in a dynamic area of legal development and social change. Compiling theoretical, empirical, and practical analyses from leading scholars, judges, and nongovernmental organizations around the world, these volumes are comparative and international in range, representative in content, and illuminating in depth. Particular attention is paid to intersectionality, culture, and custom. Mapped by an accessible, incisive introductory chapter, the collection provides basic sources and cutting-edge guidance in constitutional processes. The assembled curated works, together with the introduction, offer an invaluable cross-disciplinary research tool for generalists and specialists, scholars and practitioners, thinkers and activists, students, teachers, individuals and groups alike.

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