By Tom Ginsburg, Rosalind Dixon
ISBN-10: 0857931210
ISBN-13: 9780857931214
ISBN-10: 1848445393
ISBN-13: 9781848445390
This landmark quantity of particularly commissioned, unique contributions via most sensible overseas students organizes the problems and controversies of the wealthy and quickly maturing box of comparative constitutional law.Divided into sections on constitutional layout and redecorate, id, constitution, person rights and country tasks, courts and constitutional interpretation, this complete quantity covers over a hundred nations in addition to a number of techniques to the bounds of constitutional legislation. whereas a few chapters reference the textual content of criminal tools expressly categorized constitutional, others concentrate on the assumption of entrenchment or take a extra sensible procedure. demanding the present obstacles of the sector, the individuals supply different views - cultural, old and institutional - in addition to feedback for destiny learn. a special and enlightening quantity, Comparative Constitutional legislation is an important source for college kids and students of the subject.Contributors contain: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P. Carozza, C. Charters, J. Cheibub, S. Choudhry, V. Comella, D. Davis, R. Dixon, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J. Hiebert, R. Hirschl, N. Hume, H. Irving, V. Jackson, G. Jacobsohn, D. Kommers, R. Krotoszynski, N. Lenagh-Maquire, F. Limongi, F. Michelman, okay. O Regan, R. Pildes, ok. Roach, ok. Rubenstein, C. Saunders, D. Scheiderman, A. Stone, R. Teitel, M. Tushnet
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Extra info for Comparative Constitutional Law (Research Handbooks in Comparative Law)
Example text
Reproductive rights claims extend to access to fertility services, including assisted reproductive technologies (Coleman 2002), as well as to contraception. Balancing the protection of pregnant women, the autonomy and liberty of all women, and the protection of the unborn child, remains one of the hardest and most conflicted tasks facing constitution framers once a decision is taken to treat these as constitutional questions. In these fields, the relationship between formal and substantive equality, universal and targeted protections, and positive and negative rights will be deeply implicated in design choices: for example, prohibitions on discriminatory gender classifications must extend to pregnancy discrimination, and must also accommodate ‘discriminatory’ exceptions with respect to pregnancy and reproductive health; positive obligations to protect women’s reproductive health must be balanced against individual privacy or liberty.
These questions are too large to answer here. I make only a few observations. Feminist international lawyers have drawn attention to the fact that those few international norms that have attained ‘the elevated status’ of jus cogens (peremptory norms that, contrary to the core principle of state sovereignty, create universal jurisdiction) ‘indicate that what is regarded as fundamental to international society [is] based on men’s experiences’ (Charlesworth and Chinkin 2000: 19). Some shifts 28 Comparative constitutional law are beginning to occur, however, with the slow but still very incomplete recognition of women’s rights as human rights, deserving of international protection (Irving 2008: 228–30).
The scene is, however, far more advanced than even five years ago. Ultimately, as with the now virtually routine recognition of cultural pluralism and attention to design alternatives for giving voice to sub-national cultural communities, the recognition of gender as an element in constitutional design should become a standard part of any constitution-making, or amending, process. Before this is possible, however, feminists will need to bite the bullet and be prepared to go beyond merely posing questions and identifying concepts.
Comparative Constitutional Law (Research Handbooks in Comparative Law) by Tom Ginsburg, Rosalind Dixon
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