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  1. Feminizing Human Rights Adjudication: Feminist Method and the Proportionality Principle. [REVIEW]Harriet Samuels - 2013 - Feminist Legal Studies 21 (1):39-60.
    Proportionality is one of the most important adjudicatory tools, in human rights decision-making, primarily employed to balance rights and interests. Despite this there is very little feminist analysis of its use by the courts. This article discusses the doctrine of proportionality and considers its amenability to feminist legal methods. It relies on theories of deliberative democracy to argue that the proportionality test can be applied in a manner that facilitates a more “interactive universalism”, allows for greater participation in decision-making and (...)
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  • Traditional Local Justice, Women’s Rights, and the Rule of Law: A Pluralistic Framework.Alessandra Facchi - 2019 - Ratio Juris 32 (2):210-232.
    The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule‐of‐law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative aspects of traditional local justice (...)
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