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Author : Susan Hoffman Williams
Publisher : Cambridge University Press
Page : 383 pages
File Size : 52,7 Mb
Release : 2009-07-31
Category : Law
ISBN : 9780521898362
The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
Author : Susan H. Williams
Publisher : Cambridge University Press
Page : 383 pages
File Size : 54,5 Mb
Release : 2009-07-31
Category : Law
ISBN : 9781139481267
Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.
Author : Maria H. Morales
Publisher : Rowman & Littlefield
Page : 244 pages
File Size : 51,8 Mb
Release : 1996
Category : Philosophy
ISBN : 0847681815
This original and compelling book argues that previous studies of John Stuart Mill's work have neglected his egalitarianism and thus seriously misunderstood his views. Morales demonstrates that Mill was fundamentally concerned with how the exercise of unjust or arbitrary power by some individuals over others sabotages the possibility of human well-being and social improvement. Mill therefore believed that 'perfect equality'--more than liberty--was the foundation of democracy and that democracy was a moral ideal for the organization of human life in all of its dimensions. By reinterpreting Mill, Morales also challenges twentieth-century views of liberalism, and addresses its contemporary communitarian and feminist critics.
Author : Helen Irving
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,9 Mb
Release : 2008-01-21
Category : Law
ISBN : 0521707455
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.
Author : Heinz Klug
Publisher : Cambridge University Press
Page : 292 pages
File Size : 49,5 Mb
Release : 2000
Category : Apartheid
ISBN : 0521786436
This book explores the role of constitutionalism in facilitating political change in South Africa.
Author : Julie Lavonne Novkov
Publisher : University of Michigan Press
Page : 333 pages
File Size : 42,8 Mb
Release : 2009-10-08
Category : Law
ISBN : 9780472022861
Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon
Author : P. Mouritsen
Publisher : Springer
Page : 263 pages
File Size : 50,5 Mb
Release : 2008-02-27
Category : Social Science
ISBN : 9780230582088
From a cross-disciplinary and conceptual perspective this book discusses the political solutions of constitutional patriotism, republicanism and liberal nationalism to cultural conflict. It places these debates in the context of real national traditions, where all civic language inevitably also reflects 'culture'.
Author : Fayette Stratton Giles
Publisher : Unknown
Page : 196 pages
File Size : 41,5 Mb
Release : 1896
Category : Industrial policy
ISBN : UOM:39015063067501
Author : Katharine G. Young
Publisher : OUP Oxford
Page : 376 pages
File Size : 44,6 Mb
Release : 2012-08-23
Category : Law
ISBN : 9780191639746
Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.
Author : Mervyn Frost
Publisher : Routledge
Page : 168 pages
File Size : 50,5 Mb
Release : 2003-08-29
Category : Political Science
ISBN : 9781134484515
Global civil society and the society of democratic states are the two most inclusive and powerful global practices of our time. In this book, Frost claims that, without an understanding of the role that individual human rights play in these practices, no adequate understanding of any major feature of contemporary world politics from 'globalisation' to 'new wars' is possible. Constituting Human Rights, therefore argues that a concern with human rights is essential to the study of International Relations.
Author : Farhad Malekian,Kerstin Nordlöf
Publisher : Cambridge Scholars Publishing
Page : 250 pages
File Size : 47,7 Mb
Release : 2014-10-02
Category : Law
ISBN : 9781443868532
Whilst the value of human integrity within the laws of individual states and the documents of international human rights is being increasingly consolidated and will become, sooner or later, the primary concern of the law, severe breaches of this value are indeed still widespread. In particular the sexual exploitation of children constitutes one of the most serious questions of national, regional, transnational and international law. According to international records, every fifteen seconds a child is raped in Africa alone. Almost half of the cases heard by the ICTY concern the sexual exploitation of women and children during armed conflict. More or less similar conclusions may be reached regarding the ICTR or the SCSL. In Rwanda alone, 500,000 females were raped. Almost 200,000 females and children have been the victims of cruel forms of sexual violence during the conflicts in Congo. Sexual abuse of children by priests cannot any longer be concealed in Australia, Belgium, Canada, Germany, France, Ireland, Mexico, the United Kingdom, and the United States, although it is ignored in most Islamic countries. The sexual exploitation of children is also widely practised in many other countries. Regrettably, 79% of all world trafficking is for sexual exploitation. The principal subject matter of this book is the legal etymology of sexual exploitation governing minors. The aim is to identify and analyse jus cogens and obligation erga omnes in relation to the sexual exploitation of children and to evaluate the international responsibility of states in relation to the elimination or prevention of the crime, and the prosecution and punishment of offenders.
Author : Anonim
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 51,6 Mb
Release : 2023-12-28
Category : Political Science
ISBN : 9781350299511
Bringing together African and international scholars, this book gives an account of the present state of the discipline of political science in Africa - generating insights into its present and future trajectories, and assessing the freedom with which it is practiced. Tackling subjects including the decolonization of the discipline, political scientists as public intellectuals, and the teaching of political science, this diverse range of perspectives paints a detailed picture of the impact and relevance of the political science discipline on the continent during the struggles for democratization, and the influence it continues to exert today.
Author : Association for Legal and Social Philosophy (Great Britain). Conference
Publisher : Franz Steiner Verlag
Page : 156 pages
File Size : 43,6 Mb
Release : 1994
Category : Family & Relationships
ISBN : 3515064818
Aus dem Inhalt: Derek Morgan and Gillian Douglas: The Constitution of the Family; Three Waves for Plato Michael Freeman: The Austin Lecture: The Private and the Public Katherine O'Donovan: Love's Law: Moral Reasoning in Family Law Ruth Chadwick: Moral Reasoning in Family Law: A Response to Katherine O'Donovan Bob Brecher: What is Wrong with the Family? John Eekelaar: Parenthood, Social Engineering and Rights Brenda Almond: Parenthood - Social Construct or Fact of Nature? Kenneth Norrie: Medical Treatment of Children and Young Persons John Haldane: Children, Families, Autonomy and the State Sandra Marshall: Whose Child is it Anyway ? Derek Morgan: Hope of Deliverance? The Metamorphosis of Surrogacy
Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 278 pages
File Size : 45,6 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701378
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Publisher : National Academies Press
Page : 583 pages
File Size : 54,8 Mb
Release : 2017-04-27
Category : Medical
ISBN : 9780309452960
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.