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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this c...
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Contains an international and interdisciplinary array of legal scholarship. This work illuminates the law's response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.
Unique in both scope and perspective, Calling for Change investigates the status of women within the Canadian legal profession ten years after the first national report on the subject was published by the Canadian Bar Association. Elizabeth Sheehy and Sheila McIntyre bring together essays that investigate a wide range of topics, from the status of women in law schools, the practising bar, and on the bench, to women's grassroots engagement with law and with female lawyers from the frontlines. Contributors not only reflect critically on the gains, losses, and barriers to change of the past decade, but also provide blueprints for political action. Academics, community activists, practitioners, law students, women litigants, and law society benchers and staff explore how egalitarian change is occurring and/or being impeded in their particular contexts. Each of these unique voices offers lessons from their individual, collective, and institutional efforts to confront and counter the interrelated forms of systemic inequality that compromise women's access to education and employment equity within legal institutions and, ultimately, to equal justice in Canada. Published in English.
Innocent! That final verdict came after George Cardinal Pell endured a grueling eight years of accusations, investigations, trials, public humiliations, and more than a year of imprisonment after being convicted by an Australian court of a crime he did not commit. Led off to jail in handcuffs, following his sentencing on March 13, 2019, the 78-year-old Australian prelate began what was meant to be six years in jail for "historical sexual assault offenses”. Cardinal Pell endured more than thirteen months in solitary confinement, before the Australian High Court voted 7-0 to overturn his original convictions. His victory over injustice was not just personal, but one for the entire Catholic Church. Bearing no ill will toward his accusers, judges, prison workers, journalists, and those harboring and expressing hatred for him, the cardinal used his time in prison as a kind of "extended retreat". He eloquently filled notebook pages with his spiritual insights, prison experiences, and personal reflections on current events both inside and outside the Church, as well as moving prayers.
Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.
Innocent! That final verdict came after George Cardinal Pell endured a grueling eight years of accusations, investigations, trials, public humiliations, and more than a year of imprisonment after being convicted by an Australian court of a crime he did not commit. Led off to jail in handcuffs, following his sentencing on March 13, 2019, the 78-year-old Australian prelate began what was meant to be six years in jail for "historical sexual assault offenses”. Cardinal Pell endured more than thirteen months in solitary confinement, before the Australian High Court voted 7-0 to overturn his original convictions. His victory over injustice was not just personal, but one for the entire Catholic Church. Bearing no ill will toward his accusers, judges, prison workers, journalists, and those harboring and expressing hatred for him, the cardinal used his time in prison as a kind of "extended retreat". He eloquently filled notebook pages with his spiritual insights, prison experiences, and personal reflections on current events both inside and outside the Church, as well as moving prayers.
On many criteria, Australia has been a pioneering democracy. As one of the oldest continuing democracies, however, a health check has long been overdue. Since 2002 the Democratic Audit of Australia, a major democracy assessment project, has been applying an internationally tested set of indicators to Australian political institutions and practices.The indicators derive from four basic principles--political equality, popular control of government, civil liberties and human rights and the quality of public deliberation. Comparative data are taken from Australia's nine jurisdictions, as well as from three comparator democracies, Canada, New Zealand and the United Kingdom, to identify strengths,...
In 1967, Australians voted overwhelmingly in favor of removing from the Constitution two references that discriminated against Aboriginal and Torres Strait Islander people. Though these seemed like small amendments, they were an impetus for real change: from terra nullius to land rights, and from assimilation to self-determination. Nearly 50 years later, there is a groundswell of support for our Indigenous heritage to be formally recognized in the Constitution. With the prospect of a new referendum in the near future, Frank Brennan considers how far Australians have come—and yet how much work lies ahead. He looks through the prism of history to examine what we can learn from our successes ...