Download E-books Gender and the Constitution: Equity and Agency in Comparative Constitutional Design PDF

By Helen Irving

We are living in an period of constitution-making. New constitutions are showing in traditionally unparalleled numbers, following regime swap in a few nations, or a dedication to modernization in others. No democratic structure at the present time can fail to acknowledge or offer for gender equality. Constitution-makers have to comprehend the gendered personality of all constitutions, and to acknowledge the differential impression on ladies of constitutional provisions, even the place those seem gender-neutral. This publication confronts what has to be thought of in writing a structure whilst gender fairness and corporation are ambitions. It examines rules of constitutionalism, constitutional jurisprudence, and heritage. Its aim is to set up a framework for a 'gender audit' of either new and latest constitutions. It eschews an easy concentrate on rights and examines constitutional language, interpretation, buildings and distribution of energy, principles of citizenship, techniques of illustration, and the constitutional reputation of overseas and common legislation. It discusses equality rights and reproductive rights as specific matters for constitutional layout.

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Download E-books Reason of State: Law, Prerogative and Empire (Cambridge Studies in Constitutional Law) PDF

This traditionally embedded remedy of theoretical debates approximately prerogative and cause of kingdom spans over 4 centuries of constitutional improvement. beginning with the English Civil struggle and the constitutional theories of Hobbes and the Republicans, it strikes via eighteenth-century arguments over jealousy of exchange and advertisement cause of kingdom to early imperial issues and the nineteenth-century debate at the legislative empire, to martial legislation and twentieth-century articulations of the kingdom on the finish of empire. It concludes with reflections at the modern post-imperial safety nation. The booklet synthesises a wealth of theoretical and empirical literature that enables a hyperlink to be made among the advance of constitutional rules and worldwide realpolitik. It exposes the connection among inner and exterior pressures and designs within the making of the fashionable constitutional polity and explores the connection among legislation, politics and economics in a manner that is still infrequent in constitutional scholarship.

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Download E-books Only Words PDF

By Catharine A. MacKinnon

While is rape now not a criminal offense? while it really is pornography--or so First modification legislations turns out to claim: in movie, a rape turns into "free speech." Pornography, Catharine MacKinnon contends, is neither speech nor loose. Pornography, racial and sexual harassment, and hate speech are acts of intimidation, subordination, terrorism, and discrimination, and may be legally handled as such. Only Words is a strong indictment of a felony method at odds with itself, its First modification selling the very inequalities its Fourteenth modification is meant to finish. within the daring and compelling sort that has made her one among our so much provocative felony critics, MacKinnon depicts a society stuck in a vicious hypocrisy. phrases that supply bribes or repair costs or segregate amenities are handled through legislation as acts, yet phrases and images that victimize and aim at the foundation of race and intercourse aren't. Pornography--an act of sexual domination reproduced within the viewing--is safe via legislation within the identify of "the unfastened and open trade of ideas." however the right main issue of legislation, MacKinnon says, isn't really what speech says, yet what it does. What the "speech" of pornography and of racial and sexual harassment and hate propaganda does is advertise and enact the ability of 1 social team over one other. slicing with surgical deftness via situations of harassment within the place of work and on collage campuses, via First modification situations related to Nazis, Klansmen, and pornographers, MacKinnon exhibits that so long as discriminatory practices are secure as loose speech, equality can be just a observe.

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