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Series

Constitutional Law

Law and Gender

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

Slicing The American Pie: Federalism And Personal Law, Jeffrey A. Redding Apr 2007

Slicing The American Pie: Federalism And Personal Law, Jeffrey A. Redding

Faculty Scholarship Series

In this piece, I draw upon Indian and other comparative legal experience to argue that the present U.S. system of territorial federalism resonates deeply with those systems of “personal law” that are commonly found around the world. Under a personal law system, a state enforces different laws for each of the state’s different religious or ethnic communities - which is one reason such systems have been so heavily interrogated by U.N. and other international organisations for their human rights implications. Similarly, as well, U.S. First Amendment jurisprudence has frowned upon the carving out of religious-group exceptions to ...


Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews Jan 2007

Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed ...