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The Public Law Of Gender

Author: Kim Rubenstein
Publisher: Cambridge University Press
ISBN: 1316546306
Size: 72.57 MB
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With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

Public Law After The Human Rights Act

Author: Tom Hickman
Publisher: Bloomsbury Publishing
ISBN: 184731581X
Size: 50.84 MB
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It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.

Feminist Perspectives On Public Law

Author: Susan Millns
Publisher: Routledge
ISBN: 1135345546
Size: 66.59 MB
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Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

Gender And The Law

Author: Judith Bourne
Publisher: Routledge
ISBN: 1351985175
Size: 25.35 MB
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Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With ‘thinking points’ and ‘further reading’ suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.

The Gender Of Constitutional Jurisprudence

Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 9780521530279
Size: 19.78 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.

The Unity Of Public Law

Author: Mark Elliott
Publisher: Bloomsbury Publishing
ISBN: 1509915192
Size: 40.10 MB
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This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

The Illegal City

Author: Dr Ayona Datta
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409483371
Size: 55.19 MB
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The Illegal City explores the relationship between space, law and gendered subjectivity through a close look at an 'illegal' squatter settlement in Delhi. Since 2000, a series of judicial rulings in India have criminalised squatters as 'illegal' citizens, 'encroachers' and 'pickpockets' of urban land, and have led to a spate of slum demolitions across the country. This book argues that in this context, it has become vital to distinguish between illegality and informality since it is those 'illegal' slums which are at the receiving end of a 'force of law', where law is violently encountered within everyday spaces. This book uses a gendered intersectional lens to explore how a 'violence of law' shapes how 'public' subjectivities of gender, class, religion and caste are encountered and negotiated within the 'private' spaces of home, family and neighbourhood. This book suggests that resettlement is not a condition that squatters desire; rather something that is seen as the only way out of the 'illegal' city. The wait for resettlement is a temporal space of anxiety and uncertainty, where particular kinds of politics around law, space and gender takes shape, which transform squatters' relations with the state, urban development, civil society, and with each other. Through their everyday struggles around water, sanitation, social and political organisation and the transformation of their homes and families, this book shows that the desire for the 'legal city' is also the irony and utopia of home, which will remain an incomplete gendered project - both for the state and for squatters.

The Nigerian Legal System Public Law

Author: Charles Mwalimu
Publisher: Peter Lang
ISBN: 9780820471259
Size: 78.73 MB
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"The Nigerian Legal System" covers the whole spectrum of Nigerian law and encompasses source materials and analyzes them in a manner unprecedented by any work on the Nigerian legal system. Volume I, Public Law has thirteen chapters on constitutional development, customary law with regards to human rights, and criminal law and procedure among others. Volume II has seventeen chapters on private law that includes inheritance and succession, commercial business, trade and investments, and intellectual property. Volume III has thirteen chapters on international law.

The Hidden Gender Of Law

Author: Regina Graycar
Publisher: Federation Press
ISBN: 9781862873407
Size: 11.66 MB
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Graycar and Morgan examine the links between law and women's lives and in so doing, unites both theory and practice in a book which has won acclaim around the world. This second edition continues the immense detail and intellectual rigour of the first, and includes proposals for a reconstruction of the law to make it more responsive to women's lives.