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Book chapterDate
2014Author
Rebouché, RachelPermanent link to this record
http://hdl.handle.net/20.500.12613/6216
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Show full item recordDOI
http://dx.doi.org/10.34944/dspace/6198Abstract
This chapter critiques the present comparative methodology in abortion law and explores the possibilities of a new comparative approach. The current method relies on high- profile but dated constitutional abortion decisions from the United States and Germany. Courts continue to rely on these cases to justify their decisions as consistent with a modern, global convergence around women’s rights and to minimize national resistance to contested law reform. These comparisons, however, oversimplify legal developments of the past forty years by focusing on constitutional norms and legislative regimes, rather than on the relationship between abortion law and practice.Citation
Rachel Rebouché, A Functionalist Approach to Comparative Abortion Law, in Rethinking Abortion and the Law: A Transnational Perspective 98 (Rebecca J. Cook, et al. eds., 2014).Citation to related work
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