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.
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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 Indian Proportionality Analysis could be modified.
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1. Acknowledgements2. List of abbreviations3. Introduction to Proportionality and Gender Equality4. Constitutional Courts in Context: India, Canada and South Africa5. The Adjudication of Gender Equality in Independent India: Judicial Discourse from Deference to Discord6. The Theoretical Foundations of Proportionality Analysis7. Proportionality Analysis in Canadian Gender Equality Jurisprudence8. Proportionality Analysis in South African Gender Equality Jurisprudence9. Defining an Indian Proportionality Analysis for Gender Equality and Beyond10. Index
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Produktdetaljer

ISBN
9781138706699
Publisert
2017-10-03
Utgiver
Vendor
Routledge
Vekt
453 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, G, 05, 01
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
230

Forfatter

Biographical note

Juliette Gregory Duara is a Senior Fellow at the Kenan Institute for Ethics, Duke University, USA.