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Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.
Discrimination -- Law and legislation -- Great Britain. --- Discrimination -- Law and legislation. --- Homosexuality -- Law and legislation -- Great Britain. --- Homosexuality -- Law and legislation. --- Homosexuality -- Moral and ethical aspects. --- Discrimination --- Homosexuality --- Law and legislation --- Moral and ethical aspects. --- Law --- Sociology of minorities --- Sociology of the family. Sociology of sexuality --- Human rights --- Canada --- United States --- Great Britain --- Sexology --- United States of America --- Female homosexuality --- Anti-discrimination laws --- Legal status --- Book
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Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanismsfor challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mec
Constitutional law --- Government accountability. --- Responsibility --- Social aspects. --- Accountability --- Moral responsibility --- Obligation --- Ethics --- Supererogation --- Accountability in government --- Public administration --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction
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Constitutional law --- Government accountability. --- Responsibility --- Social aspects. --- Social aspects.
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Public law. Constitutional law --- Administrative law --- constitutions --- publiek recht
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How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution
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Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.
Natural law. --- Sex and law. --- Natural law --- Law and sex --- Sex --- Sex crimes --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law --- Religious aspects --- Catholic Church. --- Law and legislation --- Sex and law --- Religious aspects&delete& --- Catholic Church --- General and Others --- Homophobia --- Norms --- Patriarchy --- Religion --- Religious rights --- Sexism --- Sexuality --- Book --- Conservatism
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Sociology of minorities --- Sociology of the family. Sociology of sexuality --- Human rights --- Discrimination --- Law and legislation --- Law and legislation. --- Bias --- Interpersonal relations --- Minorities --- Toleration --- Anti-discrimination laws --- Civil rights --- Discrimination - Law and legislation - Great Britain --- Discrimination - Law and legislation - European Union countries --- Discrimination - Law and legislation
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