Abortion and Constitutional Law: A comparative European-American study

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dc.contributor.author NIJSTEN, Machteld
dc.date.accessioned 2012-06-27T10:43:03Z
dc.date.available 2012-06-27T10:43:03Z
dc.date.issued 1990
dc.identifier.citation Florence, European University Institute, 1990 en
dc.identifier.uri http://hdl.handle.net/1814/22557
dc.description (Published version of EUI PhD thesis, 1985.) en
dc.description.abstract Between January 1973 and February 1975 five major constitutional courts in the Western world ruled on the abortion issue. The constitutional decisions issued by the United States Supreme Court, the Austrian Constitutional Court, the French Constitutional Council, the German Federal Constitutional Court, and the Italian Constitutional Court are the point of departure of this study. In all five cases the question under review was if, and on what conditions, a pregnant woman is allowed under the Constitution to have an abortion. The answers given to this question by the respective constitutional courts differ on many basic points. Whereas the US Supreme Court declared the woman’s fundamental right to have an abortion during the first three months of pregnancy and struck down almost all state abortion laws which prohibited abortion in some way, the German Constitutional Court, on the contrary, stated that the unborn’s right to life is protected under the Constitution as from the Nth day after conception and declared the recently passed abortion reform unconstitutional. The Austrian, French and Italian Courts took a less radical position. The Austrian Constitutional Court upheld a liberal and the French Constitutional Council a moderate abortion reform. The Italian Constitutional Court struck down an old, restrictive abortion law, however in moderate terms.
dc.language.iso en en
dc.publisher Florence, European University Institute en
dc.relation.isversionof http://hdl.handle.net/1814/4728
dc.title Abortion and Constitutional Law: A comparative European-American study en
dc.type Book en


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