scholarly journals The New Gay and Lesbian Partnership Law in Germany

1969 ◽  
pp. 573
Author(s):  
Greg Taylor

This article explores the recently-enacted German registered partnerships law: An Act To End Discrimination Against Same-Sex Partnerships. The Author first considers the range of options open to a legislature wishing to recognize same-sex unions partnerships. The author then critically and thoroughly analyzes the legislation: he gives a brief history of the political developments leading to the legislation and the important effect of these developments on shaping the Act as it came into force on 1 August 2001; provides timely legal commentary on controversial provisions and omissions of the Act; and contrasts the legislation with Alberta's Adult Interdependent Relationships Act The various constitutional challenges to the Act, and the German Federal Constitutional Court's response to these arguments are explored, with some discussion of the possible implication of the German issues to the Canadian situation.

Author(s):  
Martin P. Botha

THE PORTRAYAL OF HOMOSEXUALITY IN INTERNATIONAL CINEMA      The purpose of this article is to discuss images and visual portrayals of openly gay characters in African cinema in countries sometimes characterised by homophobia. My intention is to discuss these images and portrayals within the contexts of the societies and film structures in which they were created. I attempt to provide a balance between a background on the history of gay and lesbian lives in specific African countries and a brief overview of the history of gay films. I defined homosexuality as a broad spectrum of psychological, emotional and sexual variables in a state of interplay between people of the same sex .(1) Homosexuality, for me, is not only sexual attraction between people of the same sex, but it also includes an emotional as well as a physical bond, a fantasy system, and elements of symbolism, eroticism...


Author(s):  
Karma R. Chávez

This introductory chapter discusses the scope of queer activism during the previous decades and the myriad issues they tackled, most notably immigration rights for binational same-sex couples. It examines in brief the instances where migration politics and queer politics meet in ways that challenge the mainstream inclusionary strategy and shift the political focus to other sites of activism, situating queer migration politics through the analytic of the coalitional moment. The type of inclusionary strategy and narrowly normative vision of politics reflected in advocacy for the rights of binational same-sex couples is what prompts queer activists and theorists to respond to and critique contemporary mainstream gay and lesbian politics. The chapter also delves into an exploration of these critiques and situates this book's study within the larger umbrella of queer migration studies.


Author(s):  
Tobias Lock

The inclusion of this title by the ToL can be seen as a reaction to the debate around an alleged democratic deficit of the EU. Some, including the German Federal Constitutional Court (BVerfG), rely on the controversial so-called ‘no demos thesis’ to demonstrate a lack of democracy at the EU level. The no demos thesis contends that in the absence of a European people there cannot be full democracy so that the EU’s democratic legitimation must ultimately come from the MS. Others are less categorical in their criticism, but point to a missing political contest over political authority and a ‘lack of direct democratic input legitimation in the form of elections and representation together with majoritarian decision-making.’ This contributes to a disconnection between the political preferences of voters and policy outcomes at the EU level. Moreover, many of the key actors—most importantly members of the EU Commission—cannot be removed from office by means of a popular vote.


2018 ◽  
Vol 36 (3) ◽  
pp. 94-110
Author(s):  
Manfred H. Wiegandt

Justin Collings, Democracy’s Guardians: A History of the German Federal Constitutional Court 1951-2001 (Oxford: Oxford University Press, 2015)


1976 ◽  
Vol 70 (1) ◽  
pp. 114-125 ◽  
Author(s):  
Fritz Nova

The Watergate controversies and especially the recent decision in Richard M. Nixon versus the United States on July 24, 1974 have again raised in the United States the problem of the political limits to judicial policy making and the need to strike a new balance among the three branches of government for preserving and maintaining a democratic policy. In this paper, which is based on largely primary judicial, political, and academic German sources up to the year 1972, the development of jurisprudence of the West German Federal Constitutional Court is analyzed and discussed, particularly the Court's experience with judicial review. The article is geared toward the student of comparative constitutionalism and comparative government, offering possible lessons to the United States and other Common Law constitutional courts. Less concerned with the practical work of the Court, except for brief comments on actual performance, the paper focuses on such problems as past and present German approval and disapproval of the notion of judicial review, the often erudite disputation on the merits of constitutional—especially “creative”—jurisprudence; the discussion on the political limits of judicial review; and trends in particular philosophical positions of the Court in contemporary West Germany.


Pragmatics ◽  
2008 ◽  
Vol 18 (2) ◽  
pp. 277-301 ◽  
Author(s):  
Andrew D. Wong

A general address term in Communist China, tongzhi ‘comrade’ was appropriated by gay rights activists in Hong Kong to refer to members of sexual minorities. Examining its level of acceptance among non-activist gay and lesbian Hongkongers, this article argues that non-activists’ ideology about sexuality accounts for their rejection of tongzhi and their preference for strategies that leave same-sex desire unspecified. This study demonstrates how the discursive history of a label can both enable and impede its political efficacy. It also sheds light on the internal resistance that representatives of minority groups encounter when introducing new labels for those they supposedly speak for.


2021 ◽  
Vol 70 (4) ◽  
pp. 859-893
Author(s):  
Carsten Gerner-Beuerle ◽  
Esin Küçük

AbstractFew court cases in the history of European integration have been more controversial than the decisions of the Court of Justice of the EU and the German Federal Constitutional Court on the European Central Bank's public sector asset purchase programmes. This article regards consistency and coherence in the case law as uncontroversial minimum conditions that have to be satisfied for the decisions to gain legitimacy. It assesses the case law against this benchmark and determines the limits of asset purchase programmes under a consistent and coherent application of the legal tests developed by the courts.


1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.


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