Constituting Equality

Constituting Equality
Author: Susan H. Williams
Publisher: Cambridge University Press
Total Pages: 383
Release: 2009-07-31
Genre: Law
ISBN: 1139481266

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.

The Constitution of Equality

The Constitution of Equality
Author: Thomas Christiano
Publisher: OUP Oxford
Total Pages: 320
Release: 2010-06-10
Genre: Political Science
ISBN: 0191613916

What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Constituting Equality

Constituting Equality
Author: Susan Hoffman Williams
Publisher: Cambridge University Press
Total Pages: 383
Release: 2009-07-31
Genre: Law
ISBN: 0521898366

The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.

The Gender of Constitutional Jurisprudence

The Gender of Constitutional Jurisprudence
Author: Beverley Baines
Publisher: Cambridge University Press
Total Pages: 364
Release: 2005
Genre: Law
ISBN: 9780521530279

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.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Comparative Constitutional Law

Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 681
Release: 2011-01-01
Genre: Law
ISBN: 0857931210

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 Second Founding: How the Civil War and Reconstruction Remade the Constitution

The Second Founding: How the Civil War and Reconstruction Remade the Constitution
Author: Eric Foner
Publisher: W. W. Norton & Company
Total Pages: 228
Release: 2019-09-17
Genre: History
ISBN: 0393652580

“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.

Anti-Gender Campaigns in Europe

Anti-Gender Campaigns in Europe
Author: Roman Kuhar
Publisher: Rowman & Littlefield
Total Pages: 303
Release: 2017-08-07
Genre: Political Science
ISBN: 1786600013

After decades of steady progress in terms of gender and sexual rights, several parts of Europe are facing new waves of resistance to a so-called ‘gender ideology’ or ‘gender theory’. Opposition to progressive gender equality is manifested in challenges to marriage equality, abortion, reproductive technologies, gender mainstreaming, sex education, sexual liberalism, transgender rights, antidiscrimination policies and even to the notion of gender itself. This book examines how an academic concept of gender, when translated by religious organizations such as the Roman Catholic Church, can become a mobilizing tool for, and the target of, social movements. How can we explain religious discourses about sex difference turning intro massive street demonstrations? How do forms of organization and protest travel across borders? Who are the actors behind these movements? This collection is a transnational and comparative attempt to better understand anti-gender mobilizations in Europe. It focuses on national manifestations in eleven European countries, including Russia, from massive street protests to forms of resistance such as email bombarding and street vigils. It examines the intersection of religious politics with rising populism and nationalistic anxieties in contemporary Europe.

From Tolerance to Equality

From Tolerance to Equality
Author: Darel E. Paul
Publisher:
Total Pages: 0
Release: 2018
Genre: Gay couples
ISBN: 9781481306959

Over the last twenty-five years, a dramatic transformation in the American public's view of homosexuality has occurred, symbolized best by the movement of same-sex marriage from the position of a fringe few to the pinnacle of morality and a cornerstone of establishment thought. From Tolerance to Equality explores how this seismic shift of social perspective occurred and why it was led by the country's educational and business elite. Rejecting claims of a commitment to toleration or a heightened capacity for moral sympathy, author Darel E. Paul argues that American elites use opinion on homosexuality as a mark of social distinction and thus as a tool for accumulating cultural authority and political power. Paul traces this process through its cultural pathways as first professionals and, later, corporate managers took up the cause. He marshals original data analysis and chapters on social class and the family, the ideology of diversity, and the waning status of religious belief and authority to explore the factors behind the cultural changes he charts. Paul demonstrates the high stakes for same-sex marriage's mostly secular proponents and mostly religious opponents--and explains how so many came to fight so vigorously on an issue that directly affects so few. In the end, From Tolerance to Equality is far more than an explanation of gay equality and same-sex marriage. It is a road map to the emerging American political and cultural landscape.

The Rights of Women in Comparative Constitutional Law

The Rights of Women in Comparative Constitutional Law
Author: Irene Spigno
Publisher: Taylor & Francis
Total Pages: 244
Release: 2023-05-31
Genre: Law
ISBN: 1000874443

Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.