Same-Sex Couples Before National, Supranational and International Jurisdictions

ISBN-13: 9783662523742 / Angielski / Miękka / 2016 / 558 str.

Daniele Gallo; Luca Paladini; Pietro Pustorino

Opis

This book analyzes national, international and supranational case law on same-sex couples. Also covers the role of the judiciary in protecting new fundamental rights, taking into account the dialogical and dialectical relationship with legislative power.

Recenzje

"This thoroughly researched and informative book expertly charts the progress of this revolution across an impressive array of jurisdictions, national, international, and supranational, with a particular emphasis on the role played by the judiciary in advancing the legal recognition of same-sex couples. The text contains twenty-three expertly written chapters, each illuminating in its own right, but collectively providing a comprehensive and enlightening overview of the state of legal developments in this area." (Fergus Ryan, International Journal of Constitutional Law, Vol. 14 (1), January, 2016)

Spis treści

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.

Blurb

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.