Tag: abortion
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Hellerstedt and Standing: A Comparative View
—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1] many legal analysts have missed an important aspect of…
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The End of TRAP Laws?
—Fiona de Londras, Professor of Global Legal Studies, Birmingham Law School While all around us people have been floundering in the murky waters that followed the Brexit referendum, the US Supreme Court has been revisiting one of its most contentious issues: abortion.
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The Ongoing Uncertainty over Irish Law on “The Unborn”: A Comment on P.P. and Health Service Executive
–Eoin Carolan, University College Dublin, School of Law Controversy has again arisen over Ireland’s laws on the protection of the unborn following the High Court’s decision a few days ago on Friday that it was permissible to withdraw somatic support from a pregnant woman who had been clinically brain dead for over 3 weeks.
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Legislating Condoms and Other Contraceptives: A Philippine Constitutional Law Perspective
—Mickey Ingles, Ateneo de Manila University College of Law The 1987 Philippine Constitution entrenches interesting provisions that reflect Filipino values. For example, it mandates that the State must protect the life of the unborn child and protect the family as the basic social institution.
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Liberalizing Abortion in Ireland: The New Legal Framework
–Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The new Irish Law on “Protection of life during pregnancy” acknowledges the potential risk for the pregnant woman’s life as a reason justifying abortion, and represents the greatest evolution regarding the liberalization of abortions in Ireland since the 19th century.
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Culture War in the Court: Reproductive Health Battle in the Philippines
—Anna Su, Baldy Postdoctoral Fellow, SUNY Buffalo Law School On July 9, 2013, the Philippine Supreme Court will hear oral arguments on a constitutional challenge lodged against the recently-enacted and widely-controversial Responsible Parenthood and Reproductive Health Act of 2012 (“RH Law”).
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Toward a New European Abortion Constitutionalism?
—Ruth Rubio Marin, European University Institute Modern constitutionalism, born at the end of the 18th century with the French and American Revolutions, is a historically grounded venture. At the time, women did not enjoy civil equality, their freedom being largely dependent on their marital status, nor political citizenship–female enfranchisement not becoming a widespread reality until…
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Reviewing Ireland’s Abortion Regime
—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has…