Same-Sex Couples before National, Supranational and International Jurisdictions, 1st Edition

  • Published By:
  • ISBN-10: 3642354343
  • ISBN-13: 9783642354342
  • DDC: 346.0168
  • Grade Level Range: College Freshman - College Senior
  • 558 Pages | eBook
  • Original Copyright 2014 | Published/Released July 2014
  • This publication's content originally published in print form: 2014

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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.

Table of Contents

Front Cover.
Half Title Page.
Title Page.
Copyright Page.
Detail Contents.
List of Contributors.
1: Same-Sex Couples, Legislators and Judges. An Introduction to the Book.
2: Selected National Jurisdictions.
3: Domestic Law Issues.
4: The Recognition of Same-Sex Couples’ Rights in the US Between Counter-Majoritarian Principle and Ideological Approaches: A State Level Perspective.
5: From Gay Rights to Same-Sex Marriage: A Brief History Through the Jurisprudence of US Federal Courts.
6: Different Approaches, Similar Outcomes: Same-Sex Marriage in Canada and South Africa.
7: Same-Sex Couples Before Courts in Mexico, Central and South America.
8: Following the Legislative Leaders: Judicial Recognition of Same Sex Couples in Australia and New Zealand.
9: The Nordic Model: Same-Sex Families in Love and Law.
10: A Glorious Revolution? UK Courts and Same-Sex Couples.
11: Between Recognition and Homophobia: Same-Sex Couples in Eastern Europe.
12: Same-Sex Couples in France and Belgium: The Resilient Practice of Judicial Deference.
13: At the Crossroads Between Privacy and Community: The Legal Status of Same-Sex Couples in German, Austrian and Swiss Law.
14: Judicial Restraint and Political Responsibility: A Review of the Jurisprudence of the Italian, Spanish and Portuguese High Courts on Same-Sex Couples.
15: The Legal Situation of Same-Sex Couples in Greece and Cyprus.
16: Private International Law Issues.
17: The Law Applicable to the Formation of Same-Sex Partnerships and Marriages.
18: On Recognition of Foreign Same-Sex Marriages and Partnerships.
19: Same-Sex Families Across Borders.
20: Supranational and International (and Quasi-) Jurisdictions.
21: Human Rights Law Issues.
22: Same-Sex Couples Before the ECtHR: The Right to Marriage.
23: Same-Sex Couples’ Rights (Other than the Right to Marry) Before the ECtHR.
24: Same-Sex Couples Before the Inter-American System of Human Rights.
25: EU Law Issues.
26: Free Movement Rights for Same-Sex Couples Under EU Law: What Role to Play for the CJEU?.
27: Employment Benefits for Same-Sex Couples: The Case-Law of the CJEU.
28: International Labour Law Issues and Quasi-Jurisdictional Bodies.
29: 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.
30: Same-Sex Couples Before Quasi-Jurisdictional Bodies: The Case of the UN Human Rights Committee*.