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Same-sex couples before national, supranational and international jurisdictions
Title
Same-sex couples before national, supranational and international jurisdictions / Daniele Gallo, Luca Paladini, Pietro Pustorino, editors ; foreword by Gráinne de Búrca.
ISBN
9783642354335 (hd.bd.)
3642354335 (hd.bd.)
Published
Berlin ; New York : Springer, 2014.
Physical Description
xxxiv, 558 pages ; 24 cm.
Summary
The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Format
Books
Language
English
Added to Catalog
January 22, 2014
Bibliography
Includes bibliographical references.
Contents
Same-Sex Couples, Legislators and Judges. An Introduction to the Book
The Recognition of Same-Sex Couples rights in the US between Counter-Majoritarian Principle and Ideological Approaches: A State Level Perspective
From Gay Rights to Same-Sex Marriage: A Brief Story through US Federal Courts Jurisprudence
Different Approaches, Similar Outcomes: Same-Sex Marriage in Canada and South Africa
Same-sex Couples before Courts in Mexico, Central and South America
Following the Legislative Leaders: Judicial Recognition of Same Sex Couples in Australia and New Zealand
The Nordic Model: Same-Sex Families in Love and Law
A Glorious Revolution? UK Courts and Same-Sex Couples
Between Recognition and Homophobia: Same-Sex Couples in Eastern Europe
Same-Sex Couples in France and Belgium: The Resilient Practice of Judicial Deference
At the Crossroads between Privacy and Community: The Legal Status of Same-Sex Couples in German, Austrian and Swiss law
Judicial Restraint and Political Responsibility: A Review of the Jurisprudence of the Italian, Spanish and Portuguese High Courts on Same-Sex Couples
The Legal Situation of Same-Sex Couples in Greece and Cyprus
The Law Applicable to the Formation of Same-Sex Partnerships and Marriages
Recognition of Foreign Same-Sex Partnerships and Marriages
Same-Sex Families Across Borders
Same-Sex Couples before the ECtHR: The Right to Marriage
Same-Sex Couples Rights (Other than the Right to Marry) before the ECtHR
Same-Sex Couples before the Inter-American System of Human Rights
Free Movement Rights for Same-Sex Couples under EU law: What Role to Play for the CJEU?
Employment Benefits for Same-Sex Couples: The Case-Law of the CJEU
International Administrative Tribunals and Their Non-Originalist Jurisprudence on Same-Sex Couples: Spouse and Marriage in Context, between Social Changes and the Doctrine of Renvoi
Same-Sex couples before Quasi-Jurisdictional Bodies: The Case of the UN Human Rights Committee.
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