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2775.
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2776.More information
The notion of equality has a dual meaning in French and Quebec constitutional and quasi constitutional texts : a formal meaning, which establishes equality as a founding principle for the application of the rule of law ; a material meaning whereby equality is a purpose of the application of the rule of law. French and Quebec civil law judges do not accept this dual meaning of equality in the same way. For the French judge, equality is neither a founding principle nor a purpose of the civil rule of law : his treatment will differentiate between religious identities, by favouring those which are rooted in a « religion » and by denying those which stem from a « sect ». On the other hand, for the Quebec judge, equality is a founding principle and a purpose of the rule of law : while taking it upon himself to treat different religious identities equally, he will nonetheless recognize, on the basis of the right to equality, the possibility of favouring certain religious identities which are minorities on the nation's territory. In fact, the French judge's distrust of the difference between religious identities prompts him to control it by organizing a system of different cults, whereas the Quebec judge's wish to preserve the difference between religious identities, brings him to intervene in order to preserve it, while asserting and insuring the equal expression of each religious identity within society.
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2777.More information
The principles of effectiveness, efficiency, transparency, responsibility and accountability originating from a rejuvenation in public governance act as a catalyst to revise the classic theme of good government. Contemporary public law provides, however, a more subtle portrait of sound government principles issuing from administrative law, political science and management. The integration of these principles into national constitutions represents a new development towards a more protective approach that often exceeds the means furnished to judges in most national systems of law. If the principles of sound administration are associated with the field of administrative law whose function it is to delimit jurisdictional control, there are on the other hand numerous principles closer to the notion of good governance seen from the perspective of accountability. A comprehensive survey reveals that the concerns of public authorities were first drawn to the development of mechanisms for controlling the executive function, while the development of consequential principles arrived later. The choice of mechanisms and principles illustrates a net convergence with the formal characteristics of law. This evolution tends towards a quest for greater effectiveness in the contemporary evolution of constitutionalism such that rights, principles and objectives may be applied “differently”, which makes good sense since the ambitions of new public management are “to manage differently”.
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2778.More information
The present number of Enfances Familles Générations is concerned with current concerns raised by assisted reproductive technology (ART) with respect to parenthood and gender issues. If, in a globalized world, a range of reproductive possibilities is now available, this gives rise to many socio-anthropological questions related to the balance of power they engender, to the sometimes very different practices and regulations involved, and to the individual and cultural significance attributed therewith. These matters have spawned an outstanding and extensive body of literature over the past thirty years, more especially in the Anglo-Saxon world. The present introductory article, thus, is intended to initiate a wider discussion, bringing out their respective contributions, of works based on different traditions, more particularly those of the English- and French-speaking worlds. Starting off with this summarizing of the major concerns consequent on the study of ART with respect to gender and to parenthood, we shall underline the issues that are yet to be resolved and that, in our opinion, deserve further investigation. The guideline of our arguments, based on available literature and on social science surveys carried out so far, is an insistence on the way in which gender is inextricably linked to the experience and study of assisted reproductive technology.
Keywords: Parenté, techniques de procréation assistée, reproduction, genre, Kinship, assisted reproductive technology, reproduction, gender
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2779.
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2780.