دانلود کتاب Gender Justice and Proportionality in India: Comparative Perspectives

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Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
List of tables
Acknowledgements
Abbreviations
1. Introduction to Proportionality and Gender Equality
I India, Proportionality and the Right to Equality
II Judicial Review, “Juristocracy” and Proportionality in Perspective
III Conceptualizing Gender Equality
IV On Methodology
V On the Relevance and Limitations of Legal Doctrine
VI Reviewing the Scholarship—Gender Justice in Context
VII Chapters Two through Seven: An Incremental Analysis of PA’s Impact on Gender Justice
Notes
Bibliography
2. Constitutional Courts in Context: India, Canada and South Africa
I Women and Equality in Contemporary India, Canada and South Africa
II Factors that Influence Apex Constitutional Courts
III Historical Development
IV Judicial Independence and Accountability
V Public Perception and Support
VI Conclusions on the Indian, Canadian and South African Constitutional Courts in Context
Notes
Bibliography
3. Gender Equality Adjudication in Independent India: Judicial Discourse from Deference to Discord
I Introduction
II Conceptions of Equality and the Constituent Assembly
III Formal Equality: The Origins and Evolution of Classification Doctrine
IV Gender Justice and Judicial Innovation: The Cases of the 1970s and Beyond
V An Analysis of the Variable Standards in Recent Indian Equality Jurisprudence
Notes
Bibliography
4. Proportionality Analysis: Theoretical Foundations
I The Origins of Proportionality Analysis
II Theoretical Elements of Proportionality Analysis
III Theoretical Critiques of Proportionality Analysis
IV A Summary in Support of the PA Approach to Judicial Review in India
Notes
Bibliography
5. Doctrinal Iterations of Proportionality Analysis in Canadian Gender Equality Jurisprudence
I Equality under the Charter: Sex Equality Notwithstanding the “Notwithstanding” Clause?
II The Charter’s Section 1 Rights Limitation and Proportionality Analysis
III Canada’s Equality Jurisprudence under the Charter: Justification’s Attenuated Role
IV Gender in Canadian Equality Jurisprudence
V Justification’s Attenuated Role in Canadian Gender Equality Jurisprudence – Implications for an Indian PA
Notes
Bibliography
6. Doctrinal Iterations of Proportionality Analysis in South African Gender Equality Jurisprudence
I Introduction to the South African Iteration of Proportionality Analysis in the Gender Equality Context
II Adjudicating the Right to Gender Equality in South Africa – Constitutional Provisions
III Synthesis: What the Canadian and South African Experiences Institutionally and Doctrinally Suggest about the Use of Proportionality Analysis in Gender Equality Jurisprudence – Implications for India
Notes
Bibliography
Cases: Canada
Cases: South Africa (Constitutional Court)
Constitutional and Statutory References: South Africa
7. Reprise and Implications: Defining the Attributes of an Indian Proportionality Analysis for Gender Equality and Beyond
I A Review of Perspectives on Proportionality from Theory and Practice
II Proportionality in India – Legal Foundations and
Existing Applications
III Exploring the Possibilities of an Indian Doctrine of Proportionality Analysis
IV What Impact Could PA Have on Indian Gender Equality Jurisprudence?
V Should PA Be Adopted for Other Categories According to which Discrimination Is Prohibited under Article 15(1) of the Indian Constitution? Would PA Be Appropriate for Article 14 more Generally?
Notes
Bibliography
Index