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Vol 24 No 4 April/May 2019

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Constitutional Courts, Gay Rights and Sexual Orientation Equality


ISBN13: 9781509932115
To be Published: September 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £35.00
Hardback edition , ISBN13 9781782256427



In the last fifteen years constitutional issues regarding the rights of homosexuals and same-sex couples have emerged on a global scale, and the political and social debate about the recognition of LGBT rights has become so widespread that it should be regarded as the civil rights frontier of our time.

This book considers a wide-range of decisions by constitutional and international courts relating to LGBT rights, including the path from decriminalization of sexual acts to recognition of same-sex marriage, and the topical subject of adoption for homosexual couples.

It explores analogies and differences between judicial arguments and ratios, paying particular attention to the development of human dignity, privacy, equality and non-discrimination in judicial thinking. It argues that courts are major exporters of models and principles on the recognition of homosexual rights, and that judicial cross-fertilization helps courts increase the acceptability of "new rights" in public opinions and politics.

Courts discuss changes in the social perception of marriage and family at national and international levels, and at the same time confirm and reinforce those changes. Furthermore, by promoting the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

The book will be of interest to those working on constitutional, public and human rights law, as well as judicial studies.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction
I. Setting the Landscape
II. The Aims of this Book
III. The Comparative Method
IV. Some Remarks on Courts' Use of Foreign Precedents
V. Outline of the Book

2. The Private Dimension of Homosexuality: Courts and Decriminalisation of Sexual Acts
I. Dudgeon v UK as a Global Landmark Case
II. Dudgeon and the Recognition of Homosexuality as 'An Essentially Private Manifestation of Human Personality'
III. The Notion of Privacy in Dudgeon and the Perpetuation of the 'Sexual Closet'
IV. Lawrence v Texas and the Liberty of all Individuals in their Personal Relationships
V. The 'Multi-Faceted' Notion of Privacy in Lawrence
VI. The Legacy of Dudgeon in Lawrence
VII. The Supreme Court of South Africa's Case in National Coalition and the Influence of Dudgeon
VIII. The Right to Privacy in National Coalition: A Common Thread
IX. The 'Boomerang Pattern Influence' of Dudgeon at International Level

3. Out of the Closet: Courts and the Same-Sex Couple as 'Family'
I. Different Models of Regulation of Family, the Public–Private Dichotomy and the Purpose of this Chapter
II. The Supreme Court of Canada and the Inadequacy of 'Unexamined Consensus' in the Definition of 'Family'
III. 'Private Life' v 'Family Life' in the European Court of Human Rights' Early Cases
IV. Schalk and Kopf v Austria and Recognition of the Same-Sex Couple as 'Family'
V. From the 'Perception of the Ordinary Man' to a Functional Definition of 'Family': The Fitzpatrick Case
VI. Same-Sex Couples as 'Spouses' in Ghaidan v Godin-Mendoza
VII. Some Final Remarks and a First Conclusion
VIII. A Digression on a Narrow Interpretation of 'Family'

4. Same-Sex Marriage: Judicial Revolution or Constitutional Inevitability?
I. Courts and Constitutional Change
II. Arguments in Same-Sex Marriage Cases: Tradition v Constitutional Change
III. Arguments in Same-Sex Marriage Cases: Equality, Liberty and Human Dignity

5. Addressing the Reality of Family Life: Parental Rights
I. The Debate over Parental Rights and the Principle of the Best Interests of the Child
II. The Constitutional Courts and the 'Procreative Nature' of Marriage
III. The Optimal Parenting Argument and the Child's Right to a 'Normal' Family Life

Series: Hart Studies in Comparative Public Law

Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN 9781509933105
To be published October 2019
Hart Publishing
£40.00
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
To be published August 2019
Hart Publishing
£35.00
Legitimate Expectations in the Common Law World ISBN 9781509929733
To be published May 2019
Hart Publishing
£40.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
Buy
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£95.00
£50.00
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£65.00
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
Buy
£60.00
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£32.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£32.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£72.00 + £14.40 VAT
(ePub)
Buy
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£80.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£65.00
£45.00 + £9.00 VAT
(ePub)
Buy
£100.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£33.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£70.00
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
Buy
£90.00 + £18.00 VAT
(ePub)
Buy
£100.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£36.99
£76.50 + £15.30 VAT
(ePub)
Buy
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£70.00
£63.00 + £12.60 VAT
(ePub)
Buy
Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£70.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
Buy
£70.00
£63.00 + £12.60 VAT
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£85.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£29.68 + £5.94 VAT
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
£34.18 + £6.84 VAT
(ePub)
Buy
£80.00
Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£70.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£29.68 + £5.94 VAT
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£65.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
Buy
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£70.00
£25.18 + £5.04 VAT
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£80.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£30.58 + £6.12 VAT
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£80.00
£33.28 + £6.66 VAT
(ePub)
Buy
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
£42.99
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£33.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
Buy
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£75.00
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£110.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£99.00 + £19.80 VAT
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£75.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
Buy
Trial by Jury and Counter-Terrorism ISBN 9781849465397

Hart Publishing
Publication Abandoned