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Full-Text Articles in Civil Law
Access To Justice: Theory And Practice From A Comparative Perspective, Colin Crawford, Daniel Bonilla Maldonado
Access To Justice: Theory And Practice From A Comparative Perspective, Colin Crawford, Daniel Bonilla Maldonado
Publications
The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …
Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen
Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen
Publications
Examining the historical achievements and failures of the South African Constitution’s sexual orientation protections highlights larger lessons from the last twenty years of constitutionalism in South Africa. In this Article, I use the drafting history, Constitutional Court adjudication, and the practical insufficiencies of the Constitution’s inclusion of sexual orientation-based protections to highlight three categories of insights. These lessons include an encouraging insight regarding the inclusion of novel and progressive elements when drafting modern constitutions; some modest claims about the capacity of courts to combat inequality based on sexual orientation despite the limitations of purely legal victories; and a hopeful affirmation …