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Author : Martha I. Morgan
Publisher : Unknown
Page : 96 pages
File Size : 49,8 Mb
Release : 1999
Category : Constitutional law
ISBN : UTEXAS:059173008393310
Author : Helen M. Stacy
Publisher : Stanford University Press
Page : 280 pages
File Size : 41,7 Mb
Release : 2009-02-05
Category : Political Science
ISBN : 9780804771023
A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.
Author : Beverley Baines,Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 364 pages
File Size : 51,5 Mb
Release : 2005
Category : Law
ISBN : 052153027X
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.
Author : Susan Hoffman Williams
Publisher : Cambridge University Press
Page : 383 pages
File Size : 47,6 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 : Associate Professor in International Human Rights Law Shreya Atrey,Shreya Atrey,Sandra Fredman
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,5 Mb
Release : 2023-01-19
Category : Law
ISBN : 9780192872999
This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.
Author : Joshua Braver
Publisher : Oxford University Press
Page : 265 pages
File Size : 42,9 Mb
Release : 2023-01-27
Category : Constitutional conventions
ISBN : 9780197650639
Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.
Author : Vicki Jackson
Publisher : Oxford University Press
Page : 128 pages
File Size : 47,6 Mb
Release : 2013-02-15
Category : Law
ISBN : 9780199715466
Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.
Author : Adrien Katherine Wing
Publisher : NYU Press
Page : 468 pages
File Size : 50,5 Mb
Release : 2000-05
Category : Law
ISBN : 9780814793381
An anthology containing some 30 essays which focus on topics including a critique of American feminist legal scholarship; motherhood and work in cultural context; Josephine Baker and the Cold War; the campaign against female circumcision; violence against Aboriginal women in Australia; and "marketization" and the status of women in China. Includes a foreword by social justice activist and professor at the U. of California-Santa Cruz, Angela Y. Davis. Annotation copyrighted by Book News Inc., Portland, OR
Author : Anonim
Publisher : DIANE Publishing
Page : 49 pages
File Size : 48,7 Mb
Release : 2024-06-10
Category : Electronic
ISBN : 9781428911475
Author : Luz Estella Nagle
Publisher : Strategic Studies Institute
Page : 60 pages
File Size : 55,8 Mb
Release : 2001
Category : Technology & Engineering
ISBN : UTEXAS:059173008395042
The author argues that confidence in an efficient, courageous and transparent judiciary goes to the very heart of the governability of Colombia, and that Plan Colombia does not address the root causes of Colombia's problems. These are weak government, inequality, absence of citizen participation, corruption and an ineffective legal system. Fundamental reforms in Colombia should begin by directly strengthening the moral legitimacy of the government, holistically enhancing socioeconomic development, and meticulously reforming the legal system, thus reestablishing the rule of law. The rule of law, in turn, is critical to the achievement of the ultimate purposes of Plan Colombia--peace, prosperity, and the strengthening of the state. Systemic reform requires well-conceived, long-term, and careful implementation. Unless thinking and actions are reoriented to deal with these realities, the alternative is social calamity, criminal anarchy, and civil war.
Author : Francisca Pou Giménez,Ruth Rubio Marín,Verónica Undurraga Valdés
Publisher : Taylor & Francis
Page : 262 pages
File Size : 44,5 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781040010587
This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy. In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions. The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.
Author : Laura Sjoberg
Publisher : NYU Press
Page : 320 pages
File Size : 41,5 Mb
Release : 2016-11-22
Category : Law
ISBN : 9780814771402
This publication reveals the stories of female perpetrators of sexual violence and their place in wartime conflict, legal policy, and the punishment of sexual violence. More broadly, the author asks, what do the actions and perceptions of female perpetrators of sexual violence reveal about our broader conceptions of war, violence, sexual assault, and gender? This book explores specific historical case studies, such as Nazi Germany, Serbia, the contemporary case of ISIS, and others, to understand how and why women participate in rape during war and conflict.
Author : Catherine O'Rourke
Publisher : Routledge
Page : 296 pages
File Size : 50,5 Mb
Release : 2013-08-22
Category : Law
ISBN : 9781135983697
What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.
Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 54,5 Mb
Release : 2009-08-31
Category : Political Science
ISBN : 9781139483483
This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Author : Boaventura de Sousa Santos
Publisher : Verso Books
Page : 843 pages
File Size : 47,6 Mb
Release : 2020-05-05
Category : Political Science
ISBN : 9781789603170
The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.