{"title":"Legislating for change: gender-sensitive ex-ante legislative scrutiny in practice","authors":"H. Johnson","doi":"10.1080/20508840.2022.2136428","DOIUrl":null,"url":null,"abstract":"ABSTRACT The law is a fundamental arena for advancing gender equality. Parliaments are where laws are made, but differential gender impacts are often not explored when draft legislation is scrutinised. A range of tools exist to help parliamentarians conduct gender-sensitive ex-ante legislative scrutiny but their success relies on parliamentary institutionalisation, localisation of measures, political will and parliamentary leadership, access to evidence and expertise, practical tools, its application to all laws, men, and government practice. Blind spots and weaknesses include intersectionality, the role of empathy in representation, a holistic approach to the whole legislative cycle, and linking to international obligations.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2022.2136428","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT The law is a fundamental arena for advancing gender equality. Parliaments are where laws are made, but differential gender impacts are often not explored when draft legislation is scrutinised. A range of tools exist to help parliamentarians conduct gender-sensitive ex-ante legislative scrutiny but their success relies on parliamentary institutionalisation, localisation of measures, political will and parliamentary leadership, access to evidence and expertise, practical tools, its application to all laws, men, and government practice. Blind spots and weaknesses include intersectionality, the role of empathy in representation, a holistic approach to the whole legislative cycle, and linking to international obligations.
期刊介绍：
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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