Gender Justice and Proportionality in India : Comparative Perspectives
Language: English
Published by Taylor & Francis Ltd Okt 2017, 2017
Series: Book 34 of 42 - Routledge Advances in South Asian Studies
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Seller: AHA-BUCH GmbH, Einbeck, GermanyAHA-BUCH GmbH
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Neuware - For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a 'culture of justification'. The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning.
Seller Inventory # 9781138706699
- Title
- Gender Justice and Proportionality in India : Comparative Perspectives
- Author
- Juliette (Duke University Duara
- Publisher
- Taylor & Francis Ltd Okt 2017
- Publication year
- 2017
- Condition
- Neu
- Binding
- Buch
- Language
- English
- ISBN 10
- 1138706698
- ISBN 13
- 9781138706699
- Item weight
- 590 grams
- Dimensions
- 234x156x0 mm
- Series
- Book 34 of 42: Routledge Advances in South Asian Studies
For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning.
This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine’s interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies.
A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.
"Synopsis" may belong to another edition of this title.
About the Author
Juliette Gregory Duara is a Senior Fellow at the Kenan Institute for Ethics, Duke University, USA.
"About the title" may belong to another edition of this title.
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